Case C-325/02: Action brought on 16 September 2002 by Commission of the European Communities against Grand Duchy of Luxembourg
Date: 2002-10-26
Institutions: Court of Justice
Subjects: Luxembourg, action for failure to fulfil an obligation, genetically modified organism, microorganism, national implementing measure, preparation for market

26.10.2002

EN

Official Journal of the European Communities

C 261/9

2.

order Ireland to pay the costs.

The applicant claims that the Court should:

Pleas in law and main arguments

The Commission submits that:

— Ireland has infringed Article 9(2) of Regulation 3760/92
by failing to put in place appropriate detailed rules for
proper utilisation of the quota allocated to it. The rules
should have been such as to enable Ireland to ensure that
overfishing did not take place and that quotas were
always respected;

— Ireland did not ensure compliance with Community rules
on control, contrary to Article 2 of Regulation 2847/93;

— Declare that, by restricting itself to transposing part of
Article 1 of and Annexes IV and V of Council Directive
98/81/EC of 26 October 1998 on the contained use of
genetically modified micro-organisms (1) or, in any event,
by failing to communicate other implementing measures
to the Commission, the Grand Duchy of Luxembourg has
failed to fulfil
its obligations under Article 2 of that
directive;

— Order the Grand Duchy of Luxembourg to pay the costs.

Pleas in law and main arguments

— Ireland did not respect its obligation under Article 21 of
Regulation 2847/93 to prohibit
fishery provisionally
when the quota allocated to it was deemed to have been
exhausted;

Under Article 249 of the EC Treaty, according to which a
directive is to be binding, as to the result to be achieved, upon
each Member State to which it is addressed, Member States are
required to observe the time-limits laid down in directives for
their transposition.

— by failing to institute criminal or administrative proceed-
ings against the skipper or any other party responsible
for preventing overfishing Ireland has not complied in
full with the obligations imposed by Article 31 of
Regulation 2847/93.

The Commission finds that, despite the prescribed time-limit
having expired, the Grand Duchy of Luxembourg has carried
out only a partial transposition of the directive referred to in
the Commission’s pleadings, restricted to part of Article 1
thereof and Annexes IV and V thereto.

( 1) OJ L 389, 31.12.1992, p. 1.
( 2) OJ L 261, 20.10.1993, p. 1.

(1) OJ 1998 L 330, p. 13.

Action brought on 16 September 2002 by Commission
of the European Communities against Grand Duchy of
Luxembourg

Action brought on 18 September 2002 by the Com-
the
mission of

the European Communities against

Hellenic Republic

(Case C-325/02)

(2002/C 261/14)

(Case C-328/02)

(2002/C 261/15)

An action against the Grand Duchy of Luxembourg was
brought before the Court of Justice of the European Communi-
the
ties on 16 September 2002 by the Commission of
European Communities,
represented by U. Wölker and
F. Simonetti, acting as Agents.

An action against the Hellenic Republic was brought before
the Court of Justice of the European Communities on 11 Sep-
tember 2002 by the Commission of the European Communi-
ties, represented by Maria Kondou-Durande, Legal Adviser in
its Legal Service, with an address for service in Luxembourg.