CELEX: C2000/247/21
Language: en
Date: 2000-08-26 00:00:00
Title: Case C-231/00: Reference for a preliminary ruling by the Tribunale Amministrativo Regionale per il Lazio by orders of 6 April, 17 and 26 May 2000 in the case of Cooperativa LATTEPIU a.r.l. v Azienda di Stato per gli interventi nel mercato agricolo A.I.M.A.

26.8.2000             EN                     Official Journal of the European Communities                                      C 247/17
transparency. Finland’s view that a political decision of the           Action brought on 9 June 2000 by the Commission of the
Valtioneuvosto entitles it to disregard the transparency require-          European Communities against the Hellenic Republic
ment is contrary to the directive.
                                                                                                (Case C-232/00)
(1) OJ L 40 of 11.2.1989, p. 8.
                                                                                                (2000/C 247/22)
                                                                        An action against the Hellenic Republic was brought before
                                                                        the Court of Justice of the European Communities on 9 June
                                                                        2000 by the Commission of the European Communities,
                                                                        represented by Maria Patakia and Bernard Mongin, of its Legal
                                                                        Service, with an address for service in Luxembourg at the office
                                                                        of Carlos Gómez de la Cruz, of its Legal Service, Wagner
                                                                        Centre, Kirchberg.
Reference for a preliminary ruling by the Tribunale
Amministrativo Regionale per il Lazio by orders of
6 April, 17 and 26 May 2000 in the case of Cooperativa                  The Commission claims that the Court should:
LATTEPIU a.r.l. v Azienda di Stato per gli interventi nel
                   mercato agricolo A.I.M.A.
                                                                        1.    declare that, by failing to adopt and to notify to the
                                                                              Commission, within the time-limit laid down, the laws,
                        (Case C-231/00)                                       regulations and administrative provisions necessary for it
                                                                              to comply fully with Commission Directive 97/38/EC (1)
                        (2000/C 247/21)                                       of 20 June 1997 amending Annex C to Council Directive
                                                                              92/51/EEC of 18 June 1992 on a second general system
                                                                              for the recognition of professional education and training
Reference has been made to the Court of Justice of the                        to supplement Council Directive 89/48/EEC, the Hellenic
European Communities by orders of 6 April, 17 and 26 May                      Republic has failed to fulfil its obligations under the
2000 by the Tribunale Amministrativo Regionale (Regional                      Treaty and that directive;
Administrative Court), Lazio v Azienda di Stato per gli
interventi nel mercato agricolo A.I.M.A. (State Agricultural            2.    order the Hellenic Republic to pay the costs.
Market Intervention Body (AIMA)) which was received at the
Court Registry on 9 June 2000, for a preliminary ruling on the
following questions:
                                                                        Pleas in law and main arguments
1.   May the provisions contained in Articles 1 and 4 of
     Council Regulation (EEC) No 3950/92 (1) of 28 December
     1992 and Articles 3 and 4 of Commission Regulation                 In accordance with the third paragraph of Article 249 EC,
     (EEC) No 536/93 (2) of 9 March 1993 be interpreted as              directives are binding, as to the result to be achieved, upon
     meaning that it is possible, in cases of administrative or         each Member State to which they are addressed.
     judicial challenge to the relevant measures, to derogate
     from the time-limits prescribed for the allocation of              Under the first paragraph of Article 10 EC, Member States are
     quotas and the operation of adjustments and levies?                to take all appropriate measures, whether general or particular,
                                                                        to ensure fulfilment of the obligations arising out of the Treaty
2.   If not, are the provisions contained in Articles 1 and 4 of        or resulting from action taken by the institutions of the
     Council Regulation (EEC) No 3950/92 of 28 December                 Community.
     1992 and Articles 3 and 4 of Commission Regulation
     (EEC) No 536/93 of 9 March 1993 valid, in the light of
     Article 33 (ex 39) of the Treaty, in so far as they do not         It is not disputed by the Hellenic Republic that it must adopt
     provide that derogations may be made from the periods              measures to comply with the abovementioned directives.
     prescribed by those provisions for the allocation of
     individual reference quantities, for adjustments and levies
     in cases of administrative or judicial challenge to those          The Commission records that until now the Hellenic Republic
     provisions?                                                        has not adopted the appropriate measures for the full incorpor-
                                                                        ation of the directive at issue into Greek law.
(1) OJ L 405, 31.12.1992, p. 1.
(2) OJ L 57, 10.3.1993, p. 12.                                          (1) OJ L 184, 12.7.1997, p. 31.