Case C-82/05: Action brought on 17 February 2005 by the Commission of the European Communities against the Hellenic Republic
Date: 2005-04-16
Institutions: Court of Justice
Subjects: European Commission, Greece, action for failure to fulfil an obligation, bread, import restriction, marketing standard, prepared foodstuff

16.4.2005

EN

Official Journal of the European Union

C 93/17

(c) If so, does the fundamental right of equality before the
law deriving from Community law impose an obligation
to treat equally cases where the right of an employee to
be compensated for the termination of his contract has
been laid down in a court judgment and cases where
that right is the result of an agreement between the
employee and the employer, entered into under the
supervision and with the approval of a court?

3.

(a) Where, prior

to the entry into force of Directive
2002/74/EC, a Member State had already conferred on
employees a statutory entitlement to protection by a
guarantee institution in the event of an employer's insol-
vency with regard to compensation for the termination
of a contract, is it possible to conclude that the Member
State has been applying Community law since the entry
into force of that directive on 8 October 2002, notwith-
standing that the deadline for transposing the directive
has not expired, where it governs the payment by the
guarantee institution of such compensation for
the
termination of a contract in a case where an employer
was declared insolvent after 8 October 2002?

(b) If so, when applying Directive [2002/74/EC] and the
provisions of national
law transposing the content
thereof, are the Spanish administrative and judicial insti-
tutions bound by the principle of equality before the
law and the prohibition of discrimination deriving from
Community law, as defined by the interpretation thereof
given by the Court of Justice of the European Commu-
nities, notwithstanding that that interpretation does not
coincide with the interpretation in the case-law of the
Spanish Constitutional Court of the equivalent funda-
mental right which is enshrined in the Spanish Constitu-
tion?

(c) If so, does the fundamental right of equality before the
law deriving from Community law impose an obligation
to treat equally cases where the right of an employee to
be compensated for the termination of his contract has
been laid down in a court judgment and cases where
that right is the result of an agreement between the
employee and the employer, entered into under the
supervision and with the approval of a court?

(1) Council Directive 80/987/EEC of 20 October 1980 on the approxi-
mation of the laws of the Member States relating to the protection
of employees in the event of the insolvency of their employer (OJ
1980 L 283, p. 23).

Action brought on 17 February 2005 by the Commission
the Hellenic
of

against

the European Communities
Republic

(Case C-82/05)

(2005/C 93/31)

(Language of the case: Greek)

An action against the Hellenic Republic was brought before the
Court of Justice of the European Communities on 17 February
2005 by the Commission of the European Communities, repre-
sented by Maria Patakia, Legal Adviser in its Legal Service, with
an address for service in Luxembourg.

The Commission claims that the Court should:

1. declare that, by equating the process of final baking or
reheating of ‘bake-off’ products with the full bread-making
process and making it subject to the requirements of the
legislation relating to bread-making, the Hellenic Republic
introduces barriers to the import from other Member States
and marketing in Greece of ‘bake-off’ products and infringes
its obligations under Article 28 of the EC Treaty;

2. order the Hellenic Republic to pay the costs.

Pleas in law and main arguments

1. Following a complaint, the Commission was informed that,
in the absence of specific legislation relating to bread and
bakery products which are either semi-baked or fully baked
and frozen, the ‘bake-off’ method is regarded by the Greek
authorities as a full process for the preparation and baking
of bread. The Greek authorities accordingly permit the short
final baking or the reheating of the products in question at
the point of sale only if the latter meets all the specifications
that are required for bakeries, despite the fact that the ‘bake-
off’ method comprises only the short final baking of semi-
baked bread or the reheating of frozen fully-baked bread,
and none of the previous stages of preparation and baking.
Therefore,
‘bake-off’ products can be placed on the Greek
market either by points of sale which meet the specifications
for bakeries, after being baked to completion or reheated, or
by general
food stores as semi-baked or frozen bakery
products to be baked or reheated later by the consumer. In
both cases, in the Commission's view, ‘bake-off’ products are
accordingly rendered less attractive
the consumer
compared with other baked bakery products.

for

C 93/18

EN

Official Journal of the European Union

16.4.2005

2. The Commission considers that the manner in which the
Greek authorities interpret and apply the legislation in force
effectively leads to a prohibition on the sale in general food
stores (supermarkets) of ‘bake-off’ products that have been
baked to completion or reheated, since ‘bake-off’ products
are – mistakenly – regarded by the Greek authorities as
subject to the enhanced requirements which generally apply
to the preparation and baking of complete baked bread and
bakery products.

The Commission claims that the Court should:

1. declare that, by failing, hitherto, to adopt the legislation
necessary to apply Council Directive 96/61/EC (1) of 24
September 1996 concerning integrated pollution prevention
and control, to new installations, has failed to fulfil its obli-
gations under Article 21(1) thereof;

2. order the Italian Republic to pay the costs.

3. According to the Commission, since the short final baking
or the reheating outside a bakery is the specific character-
istic that distinguishes ‘bake-off’ products from other bakery
products, the application of the Greek legislation on bread-
making to ‘bake-off’ products cannot be considered a matter
relating to selling arrangements for the purpose of the judg-
ment in and therefore falls within the scope of Article 28
of the EC Treaty.

4. The Commission also submits that most of the conditions
that are imposed on the ‘bake-off’ method are clearly unjus-
tified and disproportionate, since that method consists only
in the short final baking or the reheating of semi-baked or
fully-baked frozen bread or bakery products. In addition, the
Commission considers that those conditions are exception-
ally burdensome for all general stores called on to meet the
specifications for bakeries.

5. The Commission therefore considers

the Hellenic
Republic is infringing its obligations under Article 28 of the
EC Treaty.

that

Pleas in law and main arguments

The period prescribed for the transposition of the directive
expired on 30 October 1999.

(1) OJ L 257 of 10. 10. 1996, p. 26.

Action brought on 18 February 2005 by the Commission
of the European Communities against the Italian Republic

(Case C-85/05)

(2005/C 93/33)

Action brought on 18 February 2005 by the Commission
of the European Communities against the Italian Republic

(Language of the case: Italian)

(Case C-84/05)

(2005/C 93/32)

(Language of the case: Italian)

An action against the Italian Republic was brought before the
Court of Justice of the European Communities on 18 February
2005 by the Commission of the European Communities, repre-
sented by M. Konstantinidis and A. Aresu, members of its legal
service, acting as Agents.

An action against the Italian Republic was brought before the
Court of Justice of the European Communities on 18 February
2005 by the Commission of the European Communities, repre-
sented by S. Pardo Quintillán and D. Recchia, acting as Agents.

The applicant claims that the Court should:

— declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Direc-
tive 2000/60/EC (1) of the European Parliament and of the
Council of 23 October 2000 establishing a framework for
Community action in the field of water policy or, in any
event, by failing to communicate those provisions to the
Commission, the Italian Republic has failed to fulfil its obli-
gations under Article 24(1) of that directive;

— order the Italian Republic to pay the costs.