Judgment of the Court (Third Chamber) of 5 June 2003 in Case C-352/02: Commission of the European Communities v Hellenic Republic (Failure of a Member State to fulfil obligations — Failure to transpose Directive 2000/14/EC — Noise emission in the environment)
Date: 2003-08-02
Institutions: Court of Justice
Subjects: Greece, action for failure to fulfil an obligation, noise pollution, noise protection

2.8.2003

EN

Official Journal of the European Union

C 184/17

the European Parliament and of

declaration that, by failing to communicate measures trans-
posing into national law the provisions of Directive 1999/94/
EC of
the Council of
13 December 1999 relating to the availability of consumer
information on fuel economy and CO2 emissions in respect of
the marketing of new passenger cars (OJ 2000 L 12, p. 16) or,
at any rate, by not informing the Commission fully thereof, the
French Republic has failed to fulfil
its obligations under that
directive, the Court (Fifth Chamber), composed of: M. Wathelet,
President of the Chamber, C.W.A. Timmermans, D.A.O. Edward,
A. La Pergola (Rapporteur) and S. von Bahr, Judges; F.G. Jacobs,
Advocate General; R. Grass, Registrar, has given a judgment on
19 June 2003, in which it:

1. Declares that, by failing to communicate to the Commission of
the European Communities the national implementing measures
required by Directive 1999/94/EC of the European Parliament
and of
the Council of 13 December 1999 relating to the
availability of consumer information on fuel economy and CO2
emissions in respect of the marketing of new passenger cars, the
French Republic has failed to fulfil
its obligations under that
directive;

2. Orders the French Republic to pay the costs.

under that directive, the Court (Third Chamber), composed of:
the Chamber,
J.-P. Puissochet
(Rapporteur), President of
F. Macken and J.N. Cunha Rodrigues,
Jacobs,
Advocate General; R. Grass, Registrar, has given a judgment
on 5 June 2003, in which it:

Judges; F.G.

1. Declares that, by failing to adopt, within the prescribed period,
the laws, regulations and administrative provisions necessary to
comply with Directive 2000/14/EC of the European Parliament
and of the Council of 8 May 2000 on the approximation of
the laws of the Member States relating to the noise emission in
the environment by equipment
the Hellenic
Republic has failed to fulfil its obligations under Article 22(1)
of that directive;

for use outdoors,

2. Orders the Hellenic Republic to pay the costs.

(1) OJ C 289 of 23.11.2002.

(1) OJ C 169 of 13.7.2002.

Action brought on 9 May 2003 by Portuguese Republic
against Commission of the European Communities

(Case C-190/03)

(2003/C 184/33)

JUDGMENT OF THE COURT

(Third Chamber)

of 5 June 2003

An action against the Commission of the European Commu-
nities was brought before the Court of Justice of the European
Communities on 9 May 2003 by the Portuguese Republic,
represented by L. Fernandes, acting as Agent, and C. Botelho
Moniz and E. Maia Cadete, lawyers, with an address for service
in Luxembourg.

in Case C-352/02: Commission of the European Commu-
nities v Hellenic Republic (1)

The applicant claims that the Court should:

(Failure of a Member State to fulfil obligations — Failure to
transpose Directive 2000/14/EC — Noise emission in the
environment)

(2003/C 184/32)

(Language of the case: Greek)

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

— annul the decision of the Director-General of the Directo-
rate General for Agriculture of the European Commission,
reference No AGR 05697, of 19 February 2003, with
regard to ‘Clearance of
the EAGGF Guarantee Section
accounts pursuant to Article 5(2)(c) of Regulation (EEC)
No 729/70 (1)
and Article 7(4) of Regulation (EC)
No 1258/1999 (2) — Inquiry AP/2000/10 into premia for
beef, pursuant to Regulations (EEC) No 3508/92 (3) (EEC)
No 3887/92 (4) and (EEC) No 3886/92 (5) — Conciliation
Procedure No 02/PT/202’;

— order the defendant institution to pay the costs.

v Hellenic Republic

In Case C-352/02, Commission of the European Communities
(Agent: M. Konstantinidis)
(Agent:
N. Dafniou): Application for a declaration that, by failing to
adopt or by failing to notify to the Commission the laws,
regulations and administrative provisions necessary to comply
with Directive 2000/14/EC of the European Parliament and of
the Council of 8 May 2000 on the approximation of the laws
of the Member States relating to the noise emission in the
environment by equipment for use outdoors (OJ 2000 L 162,
its obligations
p. 1), the Hellenic Republic has failed to fulfil

Pleas in law and main arguments

— Lack of competence of the Commission inasmuch as it
infringed Article 4 of its Rules of Procedure: The Director-
General of the Directorate General for Agriculture does
not have powers
the
contested decision and he did not rely on any delegation
of powers enabling him so to do. Accordingly, he clearly
acted ultra vires.

to adopt a measure such as