Case C-363/02: Action brought on 9 October 2002 by the Commission of the European Communities against the Portuguese Republic
Date: 2002-12-07
Institutions: Court of Justice
Subjects: European Commission, Portugal, action for failure to fulfil an obligation, chemical product, marketing, narcotic, national implementing measure, psychotropic substance

C 305/14

EN

Official Journal of the European Communities

7.12.2002

Reference for a preliminary ruling by the Diikitiko Efetio,
Piraeus by judgment of that Court of 28 June 2002 in the
case of Ellenikon Dimosion against Nikolaos Tsapalos

The question in this case is identical to the question in Case
C-361/02.

(Case C-361/02)

(2002/C 305/23)

Reference has been made to the Court of Justice of the
European Communities by order of
the Diikitiko Efetio
(Administrative Court of Appeal), Piraeus of 28 June 2002,
received at the Court Registry on 8 October 2002, for a
preliminary ruling in the case of Ellenikon Dimosion (Greek
State) against Nikolaos Tsapalos on the following question:

Is Article 1 of Council Directive 76/308/EEC (1) to be interpret-
ed as meaning that the provisions of the directive also cover
claims which arose in a Member State before entry into force
of the directive under a document whose issuance by the
competent authorities of that State also predated entry into
force of the directive, such as the document issued by the
Italian authorities in the present case and that, accordingly,
following the entry into force of the directive, the end of the
relevant
transitional period and compliance by the other
Member States with the duty to enact the provisions required
for application of the directive, recovery may henceforth lie,
on request to the competent authority by the applicant
authority as mentioned in Article 3 of the directive, in respect
of pending claims for which recovery had not hitherto been
available in the other Member State?

( 1) OJ L 73 of 19.3.1976.

Reference for a preliminary ruling by the Diikitiko Efetio,
Piraeus by judgment of that Court of 28 June 2002 in
the case of Ellenikon Dimosion against Konstantinos
Diamantakis

(Case C-362/02)

(2002/C 305/24)

Reference has been made to the Court of Justice of the
European Communities by order of
the Diikitiko Efetio
(Administrative Court of Appeal), Piraeus of 28 June 2002,
received at the Court Registry on 8 October 2002, for a
preliminary ruling in the case of Ellenikon Dimosion (Greek
State) against Konstantinos Diamantakis on the following
question:

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

(Case C-363/02)

(2002/C 305/25)

An action against the Portuguese Republic was brought
before the Court of Justice of the European Communities
on 9 October 2002 by the Commission of the European
Communities,
represented by António Caeiros, acting as
Agent, with an address for service in Luxembourg.

The applicant claims that the Court should:

— Declare that, by failing to adopt and bring into force
within the prescribed period the laws, regulations and
administrative provisions necessary to comply with Com-
mission Directive 2001/8/EC of 8 February 2001 replac-
ing Annex I to Council Directive 92/109/EEC on the
manufacture and placing on the market of certain sub-
stances used in the illicit manufacture of narcotic drugs
and psychotropic substances (1), the Portuguese Republic
has failed to fulfil its obligations under Article 2(1) of the
directive;

— In the alternative, declare that, by failing to inform the
Commission of such provisions, the Portuguese Republic
failed to fulfil its obligations under Article 2(1) of the
directive;

— Order the Portuguese Republic to pay the costs.

Pleas in law and main arguments

The period prescribed for transposition expired on 1 March
2001.

(1) OJ 2001 L 39, p. 31.