CELEX: C1996/388/05
Language: en
Date: 1996-12-21 00:00:00
Title: Action brought on 10 October 1996 by the Commission of the European Communities against the Hellenic Republic (Case C-335/96)

21 . 12 . 96           EN                  Official Journal of the European Communities                               No C 388/3
Ireland has failed to fulfil its obligations under those              21 December 1989 on the coordination of the laws,
Directives — the Court ( Sixth Chamber ), composed of:                regulations and administrative provisions relating to the
J. L. Murray, President of the Fourth Chamber, acting for             application of review procedures to the award of public
the President of the Sixth Chamber, C. N. Kakouris, P. J. G.          supply and public works contracts (*), the Hellenic
Kapteyn, G. Hirsch and H. Ragnemalm ( Rapporteur),                    Republic is in breach of its obligations under the Treaty
Judges; G. Cosmas, Advocate-General; R. Grass, Registrar,             and, more specifically, Directive 89/665/EEC.
gave a judgment on 24 October 1996 , in which it:
                                                                      Pleas in law and main arguments adduced in support:
1 . declares that, ,by failing to adopt within the prescribed
     period the laws, regulations or administrative                   In the Commission's view, the Greek legislation does not
     provisions necessary to comply with :                            meet fully the requirements of Articles 1 and 2 of
                                                                      Directive 89/665/EEC, in particular with regard to the
     — Council Directive 91 /67/EEC of 28 January 1991                possibility of setting aside administrative decisions, the
          concerning the animal health conditions governing           taking of interim measures, the implementation of
          the placing on the market of aquaculture animals            decisions of the national courts against the administration
          and products,                                               and the award of damages in cases of unlawful failure to
     — Council Directive 91 /492/EEC of 15 July 1991                  award contracts . The Commission also considers that the
          laying down the health conditions for the                   practice of the Hellenic Republic whereby the more
          production and the placing on the market of live            important public works contracts are ratified by law, with
          bivalve molluscs,                                           the result that individuals cannot challenge the award and
                                                                      the relevant contract, is contrary to the general principle
     — Council Directive 91 /493/EEC of 22 July 1991                  of Community law concerning effective legal protection of
          laying down the health conditions for the                   rights under Community law.
          production and the placing on the market of
          fishery products, and                                       (!) OJ No L 395 , 30 . 12 . 1989 , p. 33 .
     — Council Directive 92/48/EEC of 16 June 1992
          laying down the minimum hygiene rules applicable
          to fishery products caught on board certain vessels
          in accordance with Article 3 (1 ) (a) (i) of Directive
          91 /493/EEC,                                                Action brought on 14 October 1996 by the Commission
                                                                      of the European Communities against Industrial Refuse
     Ireland has failed to fulfil its obligations under                                  and Coal Energy Limited
     Article 29 (1 ) of Directive 91 /67, the first paragraph                                 ( Case C-337/96 )
     of Article 15 of Directive 91 /492, the first paragraph
     of Article 18 of Directive 91 /493 and the first                                            ( 96/C 388/06 )
     paragraph of Article 4 of Directive 92/48;
                                                                      An action against Industrial Refuse and Coal Energy
2 . orders Ireland to pay the costs.                                  Limited was brought before the Court of Justice of the
                                                                      European Communities on 14 October 1996 by the
(M OJ No C 333 , 9 . 12 . 1995 .                                      Commission of the European Communities, represented
                                                                      by Mr Thomas F. Cusack, Legal Adviser, acting as Agent,
                                                                      assisted by Mr Fergus Randolph, Barrister, of the English
                                                                      Bar, with an address for service in Luxembourg at the
                                                                      office of Carlos Gomez de la Cruz, a member of its Legal
Action brought on 10 October 1996 by the Commission                   Service, Centre Wagner, Kirchberg.
of the European Communities against the Hellenic
                             Republic                                 The applicant claims that the Court should :
                          Case C-335 /96 )                            1 . order the defendant to pay the Commission the sum of
                           96/C 388/05 )                                  ECU 242 234 together with continuing interest for late
                                                                          payment at the rate of 8,15 % from 20 October 1993 ;
An action against the Hellenic Republic was brought                   2 . order the defendant to pay the costs.
before the Court of Justice on 10 October 1996 by the
Commission of the European Communities, represented                   Pleas in law and main arguments adduced in support:
by Hendrik Van Lier, Legal Adviser to the Commission,
and Dimitris Triantafillou, of its Legal Service, with an             The action, brought under an arbitration clause, seeks the
address for service in Luxembourg at the office of Carlos             recovery of financial support granted by the applicant to
Gomez de la Cruz, also of the Commission's Legal                      the defendant for undertaking the conversion of an
Service, Wagner Centre, Kirchberg.                                    existing transfer station to electrical power generation
                                                                      from the preparation of raw urban waste . The
The applicant claims that the Court should declare that,              Commission has withdrawn from the contract between the
by failing to take the necessary measures, within the                 parties, concluded under the law of England, because the
period prescribed, on public works procurement, to ensure             defendant has failed to comply with his obligations.
the correct application and effectiveness in practice of
Articles 1 and 2 of Council Directive 89/665/EEC of