CELEX: C2002/017/17
Language: en
Date: 2002-01-19 00:00:00
Title: Case C-453/01: Action brought on 22 November 2001 by the Commission of the European Communities against the Hellenic Republic

C 17/10                EN                    Official Journal of the European Communities                                      19.1.2002
It is not disputed by the Hellenic Republic that it must adopt          It is not disputed by the Hellenic Republic that it must adopt
measures to comply with the abovementioned directive.                   measures to comply with the abovementioned directive.
The Commission records that until now the Hellenic Republic             The Commission records that until now the Hellenic Republic
has not adopted the appropriate measures for the full incorpor-         has not adopted the appropriate measures for the full incorpor-
ation of the directive at issue into Greek law.                         ation of the directive at issue into Greek law.
(1) OJ L 50, 26.2.1999, p. 26.                                          (1) OJ L 209, 7.8.1999, p. 22.
Action brought on 21 November 2001 by the Com-                          Action brought on 22 November 2001 by the Com-
mission of the European Communities against the Hellen-                 mission of the European Communities against the Hellen-
                            ic Republic                                                               ic Republic
                         (Case C-451/01)                                                           (Case C-453/01)
                          (2002/C 17/16)                                                            (2002/C 17/17)
                                                                        An action against the Hellenic Republic was brought before
An action against the Hellenic Republic was brought before
                                                                        the Court of Justice of the European Communities on 22 No-
the Court of Justice of the European Communities on 21 No-
                                                                        vember 2001 by the Commission of the European Communi-
vember 2001 by the Commission of the European Communi-
                                                                        ties, represented by Maria Kondou-Durande, Legal Adviser.
ties, represented by Maria Kondou-Durande, Legal Adviser.
                                                                        The Commission claims that the Court should:
The Commission claims that the Court should:
                                                                        —      declare that, by not adopting within the time-limit laid
—      declare that, by not adopting within the time-limit laid                down the laws, regulations and administrative provisions
       down the laws, regulations and administrative provisions                necessary to comply with Council Directive 98/58/EC (1)
       necessary to comply with Commission Directive                           of 20 July 1998 concerning the protection of animals
       1999/78/EC (1) of 27 July 1999 amending Directive                       kept for farming purposes, the Hellenic Republic has
       95/10/EC, the Hellenic Republic has failed to fulfil its                failed to fulfil its obligations under the Treaty and that
       obligations under the Treaty and that directive;                        directive;
—      order the Hellenic Republic to pay the costs.                    —      order the Hellenic Republic to pay the costs.
Pleas in law and main arguments                                         Pleas in law and main arguments
In accordance with the third paragraph of Article 249 EC,               In accordance with the third paragraph of Article 249 EC,
directives are binding, as to the result to be achieved, upon           directives are binding, as to the result to be achieved, upon
each Member State to which they are addressed.                          each Member State to which they are addressed.
Under the first paragraph of Article 10 EC, Member States are           Under the first paragraph of Article 10 EC, Member States are
to take all appropriate measures, whether general or particular,        to take all appropriate measures, whether general or particular,
to ensure fulfilment of the obligations arising out of the Treaty       to ensure fulfilment of the obligations arising out of the Treaty
or resulting from action taken by the institutions of the               or resulting from action taken by the institutions of the
Community.                                                              Community.
 ---pagebreak--- 19.1.2002              EN                     Official Journal of the European Communities                                       C 17/11
It is not disputed by the Hellenic Republic that it must adopt           PCBs to be removed or decontaminated, the plan referred
measures to comply with the abovementioned directive.                    to in Article 11 must be drawn up and notified to the
                                                                         Commission.
The Commission records that until now the Hellenic Republic
has not adopted the appropriate measures for the full incorpor-          (1) OJ L 243, 24.9.1996, p. 31.
ation of the directive at issue into Greek law.                          (2) See page 8 of this Official Journal.
(1) OJ L 221, 8.8.1998, p. 23.
                                                                         Appeal brought on 28 November 2001 by Andreas
                                                                         Tessas and Polixeni Tessa against the order made on
                                                                         11 September 2001 by the Court of First Instance of
Action brought on 22 November 2001 by the Com-                           the European Communities (Fourth Chamber) in Case
mission of the European Communities against the Federal                  T-270/99 Andreas Tessas and Polixeni Tessa against
                      Republic of Germany                                Council of the European Union, supported by the Hellenic
                                                                                                        Republic
                         (Case C-454/01)
                                                                                                 (Case C-461/01 P)
                          (2002/C 17/18)
                                                                                                    (2002/C 17/19)
An action against the Federal Republic of Germany was
brought before the Court of Justice of the European Communi-             An appeal against the order made on 11 September 2001 by
ties on 22 November 2001 by the Commission of the                        the Court of First Instance of the European Communities
European Communities, represented by Götz zur Hausen,                    (Fourth Chamber) in Case T-270/99 Andreas Tessas and
Legal Adviser, acting as Agent, with an address for service in           Polixeni Tessa against Council of the European Union, support-
Luxembourg at the office of Luis Escobar Guerrero, a Member              ed by the Hellenic Republic, was brought before the Court of
of the Commission’s Legal Service, Wagner Centre, Kirchberg.             Justice of the European Communities on 28 November 2001
                                                                         by Andreas Tessas and Polixeni Tessa, represented by Andreas
The Commission claims that the Court should:                             Tessas, of the Larissa Bar.
1.    Declare that, by failing to draw up within the prescribed          The appellants claim that the Court should:
      period the plan required by the first indent of Article 11(1)
      of Council Directive 96/59/EC (1) of 16 September 1996             —     set aside in its entirety the order of the Court of First
      on the disposal of polychlorinated biphenyls and poly-                   Instance of 11 September 2001 in Case T-270/99 and
      chlorinated terphenyls (PCB/PCT), or in any event by                     grant the form of order sought at first instance;
      failing to notify such plan to the Commission, the Federal
      Republic of Germany has failed to fulfil its obligations           —     order the defendant to pay the costs.
      under the EC Treaty;
2.    Order the Federal Republic of Germany to pay the costs.            Grounds of appeal and main arguments
                                                                         —     Incorrect definition of the recipients of the Council
Pleas in law and main arguments                                                decision contested at first instance: the Court of First
                                                                               Instance wrongly held that the decision at issue was not
                                                                               of direct and individual concern to the appellants.
The pleas in law and main arguments are the same as in Case
C-435/01 (2); the prescribed period for the drawing up and               —     Infringement of the right to a fair hearing.
notification of the plan expired on 16 September 1999. Even
if the Federal Republic of Germany has only a relatively small           —     Infringement of the provisions of the Rules of Procedure
amount of equipment containing PCBs and small amounts of                       concerning costs.