Case C-68/06: Action brought on  6 February 2006  by the Commission of the European Communities against the Hellenic Republic
Date: 2006-03-25
Institutions: Court of Justice
Subjects: EU programme, European Commission, Greece, action for failure to fulfil an obligation, environmental impact, national implementing measure, project evaluation

25.3.2006

EN

Official Journal of the European Union

C 74/11

Appeal brought on 2 February 2006 by Elisabetta Righini
against the judgment of the Court of First Instance (Fifth
Chamber) of 15 November 2005 in Case T-145/04 Elisa-
betta Righini v Commission of the European Communities

guide and a manifest error of assessment and is, in that regard,
flawed by errors of law, by an erroneous and inconsistent state-
ment of reasons and a distortion of the evidence in the file.

(Case C-57/06 P)

(2006/C 74/20)

(Language of the case: French)

Action brought on 6 February 2006 by the Commission of
the European Communities against the Hellenic Republic

An appeal against the judgment of the Court of First Instance
(Fifth Chamber) of 15 November 2005 in Case T-145/04 Elisa-
betta Righini v Commission of the European Communities was
brought before the Court of Justice of the European Commu-
nities on 2 February 2006 by Elisabetta Righini, represented by
Eric Boigelot, avocat.

The applicant claims that the Court should:

(1) declare the appeal admissible and well founded and, conse-

quently

(Case C-68/06)

(2006/C 74/21)

(Language of the case: Greek)

(2) annul the judgment of the Court of First Instance of the
in Case T-145/04 Righini v

European Communities
Commission delivered on 15 November 2005,

(3) itself give judgment in the case and, upholding the appel-

lant's initial application in Case T-145/04:

An action against the Hellenic Republic was brought before the
Court of Justice of the European Communities on 6 February
2006 by the Commission of the European Communities, repre-
sented by Minas Konstantinidis, of its Legal Service, and Flor-
ence Simonetti, a national expert, with an address for service in
Luxembourg.

— annul the Commission's decisions to classify the appel-
lant on her entry into service in Grade A*8/3 (ex A7/3),
whether as a member of the temporary staff or as a
probationary official, which were notified to her on 27
May 2003 and 30 June 2003;

— annul the express decision of 21 January 2004, notified
on 23 January 2004, rejecting the appellant's complaint
registered on 14 August 2003 under the reference R/
485/03;

The Commission claims that the Court should:

1. declare that, by not adopting, and in any event by not noti-
fying to the Commission, the laws, regulations and adminis-
trative provisions necessary to comply with Directive
2001/42/EC (1) of
the
Council of 27 June 2001 on the assessment of the effects of
certain plans and programmes on the environment,
the
Hellenic Republic has failed to fulfil its obligations under
that directive;

the European Parliament and of

— in any event, order the respondent to pay the costs.

2. order the Hellenic Republic to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

The pleas in law of the appeal, pursuant to Article 58 of the
Statute of the Court of Justice, allege a breach of Community
law and procedural
irregularities before the Court of First
Instance infringing the appellant's interests.

The appellant challenges the judgment under appeal in so far
as it rejects the plea alleging infringement of Article 31(2) of
the Staff Regulations, the 1983 decision, the administrative

The time-limit for transposition of the directive into domestic
law expired on 21 July 2004.

(1) OJ L 197, 21.7.2001, p. 30.