Judgment of the Court (Fourth Chamber) of 6 December 2001 in Case C-166/00: Commission of the European Communities v Hellenic Republic (Failure by a Member State to fulfil its obligations — Failure to transpose Directives 97/41/EC, 98/51/EC and 98/67/EC)
Date: 2002-04-06
Institutions: Court of Justice
Subjects: European Commission, Greece, action for failure to fulfil an obligation, agricultural policy, agricultural product

C 84/24

EN

Official Journal of the European Communities

6.4.2002

— Council Directive 97/76/EC of 16 December 1997
amending Directive 77/99/EEC and Directive 72/462/EEC
with regard to the rules applicable to minced meat, meat
preparations and certain other products of animal origin
(OJ 1998 L 10, p. 25), and

— Commission Directive 98/51/EC of 9 July 1998 laying
down certain measures for implementing Council Direc-
tive 95/69/EC laying down the conditions and arrange-
ments for approving and registering certain establish-
ments and intermediaries operating in the animal feed
sector (OJ 1998 L 208, p. 43),

the Italian Republic has failed to fulfil its obligations under the
Treaty and those directives — the Court (Fourth Chamber),
composed of: S. von Bahr, President of the Chamber, A. La
Pergola and C.W.A. Timmermans (Rapporteur), Judges; P. Lé-
ger, Advocate General; R. Grass, Registrar, has given a
judgment on 6 December 2001, in which it:

1. Declares that, by not bringing into force, within the prescribed
period, the laws, regulations and administrative provisions
necessary to comply with Commission Directive 98/51/EC of
9 July 1998 laying down certain measures for implementing
Council Directive 95/69/EC laying down the conditions and
arrangements for approving and registering certain establish-
ments and intermediaries operating in the animal feed sector,
the Italian Republic has failed to fulfil its obligations under
that directive.

2. Orders the Italian Republic to pay the costs.

(1) OJ C 176 of 24.6.2000.

G. Kanellopoulos, C. Tsiavou and D. Tsagkaraki) — application
for a declaration that, by not bringing into force the laws,
regulations and administrative provisions necessary to comply
with:

— Council Directive 97/41/EC of 25 June 1997 amending
Directives 76/895/EEC, 86/362/EEC, 86/363/EEC and
90/642/EEC relating to the fixing of maximum levels for
pesticide residues in and on, respectively,
fruit and
vegetables, cereals, foodstuffs of animal origin, and certain
products of plant origin, including fruit and vegetables
(OJ 1997 L 184, p. 33),

— Council Directive 97/76/EC of 16 December 1997
amending Directive 77/99/EEC and Directive 72/462/EEC
with regard to the rules applicable to minced meat, meat
preparations and certain other products of animal origin
(OJ 1998 L 10, p. 25),

— Commission Directive 98/51/EC of 9 July 1998 laying
down certain measures for implementing Council Direc-
tive 95/69/EC laying down the conditions and arrange-
ments for approving and registering certain establish-
ments and intermediaries operating in the animal feed
sector (OJ 1998 L 208, p. 43), and

— Commission Directive 98/67/EC of 7 September 1998
82/475/EEC,
amending
91/357/EEC and Council Directive 96/25/EC and
repealing Directive 92/87/EEC (OJ 1998 L 261, p. 10),

80/511/EEC,

Directives

JUDGMENT OF THE COURT

(Fourth Chamber)

of 6 December 2001

in Case C-166/00: Commission of the European Communi-
ties v Hellenic Republic (1)

(Failure by a Member State to fulfil its obligations — Failure
to transpose Directives 97/41/EC, 98/51/EC and 98/67/EC)

(2002/C 84/38)

(Language of the case: Greek)

within the periods laid down by those directives, the Hellenic
its obligations under the said
Republic has failed to fulfil
directives — the Court
(Fourth Chamber), composed of:
S. von Bahr, President of the Chamber, A. La Pergola and
C.W.A. Timmermans (Rapporteur), Judges; P. Léger, Advocate
General; R. Grass, Registrar, has given a judgment on 6 Decem-
ber 2001, in which it:

1. Declares that, by not bringing into force, within the prescribed
period, the laws, regulations and administrative provisions
necessary to comply with:

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-166/00: Commission of the European Communities
(Agent: M. Condou-Durande) v Hellenic Republic (Agents:

— Council Directive 97/41/EC of 25 June 1997 amending
Directives 76/895/EEC, 86/362/EEC, 86/363/EEC
and 90/642/EEC relating to the fixing of maximum
levels for pesticide residues in and on, respectively, fruit
and vegetables, cereals, foodstuffs of animal origin, and
certain products of plant origin,
including fruit and
vegetables,

6.4.2002

EN

Official Journal of the European Communities

C 84/25

— Commission Directive 98/51/EC of 9 July 1998 laying
down certain measures for implementing Council Directive
95/69/EC laying down the conditions and arrangements
for approving and registering certain establishments and
intermediaries operating in the animal feed sector, and

— Commission Directive 98/67/EC of 7 September 1998
82/475/EEC,
amending Directives
91/357/EEC and Council Directive 96/25/EC and
repealing Directive 92/87/EEC,

80/511/EEC,

the Hellenic Republic has failed to fulfil its obligations under
those Directives.

2. Orders the Hellenic Republic to pay the costs.

(1) OJ C 192 of 8.7.2000.

JUDGMENT OF THE COURT

(Fifth Chamber)

24 January 2002

in Case C-170/00: Republic of Finland v Commission of
the European Communities (1)

D.A.O. Edward, A. La Pergola and M. Wathelet,
Judges,
Advocate General: L.A. Geelhoed, Registrar: H.A. Rühl, Princi-
pal Administrator, has given a judgment on 24 January 2002,
in which it:

1. Dismisses the action;

2. Orders the Republic of Finland to pay the costs.

(1) OJ C 247 of 26.8.2000.

JUDGMENT OF THE COURT

(First Chamber)

15 January 2002

in Case C-179/00 (Reference for a preliminary ruling
from the Verwaltungsgerichtshof): Gerald Weidacher (as
administrator of the insolvent company Thakis Vertriebs-
und Handels GmbH) v Bundesminister für Land- und
Forstwirtschaft (1)

(Article 149 of the Act of Accession of Austria, Finland and
Sweden — Transitional measures — Surplus stocks —
Article 4 of Commission Regulation (EC) No 3108/94 —
Competence — Holder of the goods — Import charge
applicable — Legitimate expectations — Proportionality —
Equal treatment)

(EAGGF — Clearance of accounts — Expenditure for
1996 and 1997 — Special premiums for bulls — Procedure
to be followed by the Commission)

(2002/C 84/40)

(Language of the case: German)

(2002/C 84/39)

(Language of the case: Finnish)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-170/00, Republic of Finland (Agents: T. Pynnä and
E. Bygglin) v Commission of the European Communities
(Agents: M. Niejahr and I. Koskinen): Application for partial
annulment of Commission Decision 2000/216/EC of 1 March
2000 excluding from Community financing certain expendi-
ture incurred by the Member States under the Guarantee
Section of the European Agricultural Guidance and Guarantee
Fund (EAGGF) (OJ 2000 L 67, p. 37), in so far as it excludes
from Community financing the sum of FIM 7 270 885,76
incurred in the applicant Member State on advance payment
for the 1996 and 1997
of special premiums for bulls,
marketing years, the Court (Fifth Chamber), composed of:
P. Jann (Rapporteur), President of the Chamber, S. von Bahr,

on

the

und

interpretation

Forstwirtschaft

In Case C-179/00: reference to the Court under Article 234
EC by the Verwaltungsgerichtshof (Austria) for a preliminary
ruling in the proceedings pending before that court between
Gerald Weidacher (as administrator of the insolvent company
Thakis Vertriebs- und Handels GmbH) and Bundesminister für
Land-
of
Article 149(1) of the Act of Accession of the Republic of
Austria, the Republic of Finland and the Kingdom of Sweden
and the adjustments to the Treaties on which the European
Union is founded (OJ 1994 C 241, p. 21, and OJ 1995 L 1,
p. 1) and on the validity and interpretation of Commission
Regulation (EC) No 3108/94 of 19 December 1994 on
the
transitional measures to be adopted on account of
accession of Austria, Finland and Sweden in respect of trade in
agricultural products (OJ 1994 L 328, p. 42),the Court (First
Chamber), composed of: P. Jann, President of the Chamber,
L. Sevo´ n and M. Wathelet (Rapporteur), Judges, Advocate
General: J. Mischo, Registrar: R. Grass, has given a judgment
on 15 January 2002, in which it has ruled: