Case C-364/02: Action brought on 9 October 2002 by the Commission of the European Communities against the Hellenic Republic
Date: 2002-11-23
Institutions: Court of Justice
Subjects: Greece, action for failure to fulfil an obligation, national implementing measure, parasitology, plant health control, protected area, protection of plant life

C 289/18

EN

Official Journal of the European Communities

23.11.2002

1999), compatible with Articles 11 and 12 of Directive 69/
335/EEC (1), in so far as they provide for a charge, payable to
the Comissão do Mercado de Valores Mobiliários, for over-
the-counter transactions involving securities which varies
according to the value of the transaction without upper limits?

( 1) Council Directive 69/335/EEC of 17 July 1969 concerning
indirect taxes on the raising of capital. OJ L 249 of 3.10.1969,
p. 25.

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

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

(1) OJ L 127 of 9.5.2001, p. 38.

Action brought on 9 October 2002 by the Commission of
the European Communities against the Hellenic Republic

(Case C-364/02)

(2002/C 289/31)

An action against the Hellenic Republic was brought before
the Court of Justice of the European Communities on 9 Octo-
ber 2002 by the Commission of the European Communities,
represented by Maria Kondou-Durande, Legal Adviser in its
Legal Service.

The Commission claims that the Court should:

— declare that, by failing to adopt the laws, regulations
and administrative provisions necessary to comply with
Commission Directive 2001/32/EC (1) of 8 May 2001
recognising protected zones exposed to particular plant
health risks in the Community and repealing Directive
92/76/EEC, the Hellenic Republic has failed to fulfil its
obligations under Article 3(1) of 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.

Action brought on 14 October 2002 by the Commission
of the European Communities against the Hellenic Repub-
lic

(Case C-369/02)

(2002/C 289/32)

An action against the Hellenic Republic was brought before
the Court of Justice of the European Communities on 14 Octo-
ber 2002 by the Commission of the European Communities,
represented by Maria Kondou-Durande, Legal Adviser in its
Legal Service.

The Commission claims that the Court should:

— declare that, by failing to adopt within the time-limit laid
down the laws, regulations and administrative provisions
necessary to comply with Commission Directive 2001/
33/EC (1) of 8 May 2001 amending certain annexes to
Council Directive 2000/29/EC on protective measures
against the introduction into the Community of organ-
isms harmful to plants or plant products and against their
spread within the Community, the Hellenic Republic has
failed to fulfil
its obligations under Article 2 of 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.