Case C-426/02: Action brought on 22 November 2002 by the Commission of the European Communities against the Hellenic Republic
Date: 2003-02-08
Institutions: Court of Justice
Subjects: European Commission, Greece, action for failure to fulfil an obligation, charge having equivalent effect, import, infringement of EU law, pharmaceutical product

C 31/8

EN

Official Journal of the European Union

8.2.2003

— order the Hellenic Republic to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

1.

2.

The Commission considers that the measures taken are
not sufficient to ensure that the landfill site ‘Pera Galinon’
is operated in a manner which does not create risks to
the natural and man-made environment and which is
consistent with the obligations arising from Article 4 of
the directive.

In the Commission’s view, the Hellenic Republic has
exceeded the limits of the discretion conferred on it by
Article 4 of the directive, since over a long period it has
taken effective action to avert pollution of the
not
environment and to protect the health of inhabitants
from the unlawful deposit of waste at the Pera Galinon
site in the prefecture of Heraklion, Crete.

3.

The Commission observes that the landfill site in question
operates without a permit which meets the conditions
laid down in Article 9 of the directive.

( 1) OJ No L 194, 25.7.1975, p. 39.
( 2) OJ No L 78, 26.3.1991, p. 32.

Action brought on 22 November 2002 by the
Commission of the European Communities against the
Hellenic Republic

1.

2.

The Commission considers that the tax which is levied in
respect of the validation of invoices for the import of
pharmaceutical products that come from the Community
is contrary to Article 12 of the EC Treaty (now Article 25
EC) and thus constitutes a charge having an effect
equivalent to that of customs duty.

The Commission observes that classification as a charge
having equivalent effect does not depend on what the
charge is called or its amount.

3. None of the three exceptions preventing classification as

a charge having equivalent effect applies.

4.

Infringement of Article 133 of the EC Treaty.

Action brought on 3 December 2002 by the Commission
of the European Communities against the Republic of
Finland

(Case C-437/02)

(2003/C 31/13)

(Case C-426/02)

(2003/C 31/12)

An action against the Republic of Finland was brought
before the Court of Justice of the European Communities on
3 December 2002 by the Commission of
the European
Communities, represented by M. Huttunen and T. van Rijn,
acting as Agents, with an address for service in Luxembourg.

An action against the Hellenic Republic was brought before
the Court of Justice of the European Communities on 22 No-
vember 2002 by the Commission of the European Communi-
ties, represented by Xavier Lewis and Minas Konstantinidis, of
its Legal Service.

The Commission claims that the Court should

— declare that

The Commission claims that the Court should:

— declare that by applying, for the benefit of the Ethniko
Organismo Farmakon (National Organisation for Medi-
cines), a charge in respect of the validation of invoices on
the import of raw materials for pharmaceutical use, semi-
finished products and finished products from other
Member States or non-member countries, the Hellenic
Republic has
its obligations under
Articles 23, 25 and 133 of the Treaty establishing the
European Community;

failed to fulfil

— order the Hellenic Republic to pay the costs.

1.

2.

3.

by failing to enact appropriate detailed rules for the
distribution and use of the fishing rights allocated to
it,

and by failing to monitor compliance with the
Community legislation on preservation by monitor-
ing fishing and related activities and by appropriate
inspection of the fishing fleet and related activities,

and by failing to prohibit provisionally fishing by
vessels flying its flag or registered in its territory
when the quotas allocated to it were deemed to be
exhausted,