Judgment of the Court (Fifth Chamber) of 21 July 2005 in Case C-130/04: Commission of the European Communities v Greek Republic (Failure to fulfil obligations — Road transport — Regulation (EC) No 1172/98 — Statistical return in respect of the carriage of goods by road)
Date: 2005-10-01
Institutions: Court of Justice
Subjects: EU statistics, European Commission, Greece, action for failure to fulfil an obligation, road transport, transport statistics

1.10.2005

EN

Official Journal of the European Union

C 243/1

I

(Information)

COURT OF JUSTICE

COURT OF JUSTICE

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Third Chamber)

of 7 July 2005

in Case C-5/03: Hellenic Republic v Commission of the
European Communities (1)

(EAGGF — Exclusion of certain expenditure — Fruit and
vegetables — Oranges — Animal premiums — Bovine
animals — Sheep and goats)

(2005/C 243/01)

(Language of the case: Greek)

In Case C-5/03, Hellenic Republic (Agents: S. Charitaki and E.
Svolopoulou) v Commission of
the European Communities
(Agent: M. Condou-Durande, assisted by N. Korogiannakis) —
action for annulment under Article 230 EC, brought on 3
January 2003 — the Court (Third Chamber), composed of A.
Rosas (Rapporteur), President of the Chamber, A. Borg Barthet,
J.-P. Puissochet, J. Malenovský and U. Lõhmus, Judges; L. A.
Geelhoed,, Advocate General; L. Hewlett, Principal Adminis-
trator, for the Registrar, gave a judgment on 7 July 2005, in
which it:

1. Annuls Commission Decision 2002/881/EC of 5 November
2002 excluding from Community financing certain expenditure
incurred by the Member States under the Guarantee Section of the
European Agricultural Guidance and Guarantee Fund (EAGGF) in
so far as it excludes from Community financing 2 % of the expen-
diture incurred in the fruit and vegetable sector;

2. Dismisses the remainder of the application;

3. Orders the Hellenic Republic to pay two thirds of the costs of the

Commission of the European Communities;

(Fifth Chamber)

of 21 July 2005

in Case C-130/04: Commission of the European Commu-
nities v Greek Republic (1)

(Failure to fulfil obligations — Road transport — Regulation
(EC) No 1172/98 — Statistical return in respect of the
carriage of goods by road)

(2005/C 243/02)

(Language of the case: Greek)

In Case C-130/04 Commission of the European Communities
(Agent:M. D Triantafyllou) v Greek Republic (Agent: S Chala)
— action under Article 226 EC for failure to fulfil obligations,
brought on 11 March 2004 — the Court (Fifth Chamber),
composed of R Silva de Lapuerta, President of the Chamber, R.
Schintgen and J Klučka (Rapporteur), Judges; J. Kokott, Advo-
cate General; R. Grass, Registrar, gave a judgment on 21 July
2005, in which it:

1. Declares that, by failing to transmit to the Statistical Office of the
European Communities (Eurostat), for the years 1999 to 2002,
statistical returns in respect of the carriage of goods by road in
accordance with the requirements of Council Regulation (EC) No
1172/98 of 25 May 1998 on statistical returns in respect of the
carriage of goods by road, the Greek Republic has failed to fulfil
its obligations under that regulation;

4. Orders the parties to pay their own costs as to the remainder.

2. Orders the Greek Republic to pay the costs.

(1) OJ C 55 of 8.3.2003.

(1) OJ C 106 of 30.04.2004.