Case C-466/01: Action brought on 4 December 2001 by the Commission of the European Communities against the Hellenic Republic
Date: 2002-04-06
Institutions: Court of Justice
Subjects: European Commission, Greece, action for failure to fulfil an obligation, fresh meat, import, poultrymeat

C 84/44

EN

Official Journal of the European Communities

6.4.2002

(b) by excluding workers from third countries who are
lawfully employed in a Member State from the right
to stand for election to the works councils and
general assemblies of chambers of workers, the
Republic of Austria has failed to fulfil its obligations
under the provisions of the Association Agreements
concluded by the Community with such third
countries, which prohibit discrimination against
such workers;

(2) order the Republic of Austria to pay the costs.

Pleas in law and main arguments:

the right

According to Article 39(2) EC,
to freedom of
movement within an EC Member State enjoyed by nationals of
other Member States entails the abolition of any discrimination
based on nationality between workers of the Member States as
regards employment, remuneration and other conditions of
work and employment. Article 28 of the EEA Agreement
contains analogous provisions. In addition, Article 8(1) of
Regulation (EEC) No 1612/68 on freedom of movement for
workers within the Community expressly confers on workers
from other Member States the ‘right of eligibility for workers’
representative bodies in the undertaking’. That wording
includes within its ambit the right to elect, and to stand for
election to, workers’ representative bodies within a Member
State.

The Commission further argues that the notion of conditions
of work and employment as contained in the Association
Agreements and comparable agreements must be interpreted
as having the same meaning as in Article 39(2) EC and
Article 8 of Regulation (EEC) No 1612/68, according to which
it covers the exercise of rights of participation in management,
such as the right to vote and to stand as a candidate in works
council elections and elections to chambers of workers.

(1) OJ, English Special Edition 1968 (II), p. 475.

ber 2001 by the Commission of the European Communities,
represented by Maria Kondou-Durande, Legal Adviser.

The Commission claims that the Court should:

to

comply with

— declare that, by not adopting within the time-limit laid
down the laws, regulations and administrative provisions
necessary
Council Directive
1999/89/EC (1) of 15 November 1999 amending Direc-
tive 91/494/EEC on animal health conditions governing
intra-Community trade in and imports
from third
countries of fresh poultrymeat, the Hellenic Republic has
failed to fulfil its obligations under the Treaty and that
directive;

— order the Hellenic Republic to pay the costs.

Pleas in law and main arguments

In accordance with the third paragraph of Article 249 EC,
directives are binding, as to the result to be achieved, upon
each Member State to which they are addressed.

Under the first paragraph of Article 10 EC, Member States are
to take all appropriate measures, whether general or particular,
to ensure fulfilment of the obligations arising out of the Treaty
or resulting from action taken by the institutions of the
Community.

It is not disputed by the Hellenic Republic that it must adopt
measures to comply with the abovementioned directive.

Action brought on 4 December 2001 by the Commission
of the European Communities against the Hellenic Repub-
lic

The Commission records that until now the Hellenic Republic
has not adopted the appropriate measures for the full incorpor-
ation of the directive at issue into Greek law.

(Case C-466/01)

(2002/C 84/76)

(1) OJ No L 300, 23.11.1999, p. 17.

An action against the Hellenic Republic was brought before
the Court of Justice of the European Communities on 4 Decem-