CELEX: C2003/158/33
Language: en
Date: 2003-07-05 00:00:00
Title: Removal from the register of Case C-339/01

C 158/20               EN                        Official Journal of the European Union                                        5.7.2003
Action brought on 19 May 2003 by the Commission of                               Removal from the register of Case C-339/01 ( 1)
the European Communities against the Hellenic Republic
                                                                                                  (2003/C 158/33)
                         (Case C-218/03)
                         (2003/C 158/32)
                                                                         By order of 19 March 2003 the President of the Court of
                                                                         Justice of the European Communities ordered the removal
                                                                         from the register of Case C-339/01 (Reference for a preliminary
                                                                         ruling by the Unabhängiger Verwaltungssenat of the Land
An action against the Hellenic Republic was brought before               Vorarlberg): Kurt Beck.
the Court of Justice of the European Communities on 19 May
2003 by the Commission of the European Communities,
represented by M. Patakia, Legal Adviser, and N. Yerrell, of the         (1 ) OJ C 3, 05.01.2002.
Legal Service.
The Commission claims that the Court should:
—     declare that, by failing to adopt the laws, regulations
      and administrative provisions necessary to comply with
      Council Directive 97/80/EC ( 1) of 15 December 1997 on                     Removal from the register of Case C-343/01 ( 1)
      the burden of proof in cases of discrimination based on
      sex, or in any event by failing to communicate such
      provisions, the Hellenic Republic has failed to fulfil its                                  (2003/C 158/34)
      obligations under that directive;
—     order the Hellenic Republic to pay the costs.
                                                                         By order of 19 March 2003 the President of the Court of
                                                                         Justice of the European Communities ordered the removal
                                                                         from the register of Case C-343/01 (Reference for a preliminary
                                                                         ruling by the Unabhängiger Verwaltungssenat of the Land
Pleas in law and main arguments                                          Vorarlberg): Christian Kröll.
Under the third paragraph of Article 249 of the Treaty                   (1 ) OJ C 3, 05.01.2002.
establishing the European Community, a directive is to be
binding, as to the result to be achieved, on each Member State
to which it is addressed.
Under the first paragraph of Article 10 of the Treaty, Member
States are to take all appropriate measures, whether general or
particular, to ensure fulfilment of the obligations arising out
of the Treaty or resulting from action taken by the institutions                 Removal from the register of Case C-357/01 ( 1)
of the Community.
                                                                                                  (2003/C 158/35)
The Hellenic Republic has not contested the fact that it must
take measures to comply with the above-mentioned directive.
                                                                         By order of 19 March 2003 the President of the Court of
                                                                         Justice of the European Communities ordered the removal
The Commission has ascertained that the Hellenic Republic                from the register of Case C-357/01 (Reference for a preliminary
has not as yet taken appropriate measures to incorporate the             ruling by the Unabhängiger Verwaltungssenat of the Land
directive in question fully into the Greek legal system.                 Vorarlberg): Manfred Laaber.
( 1) OJ L 14, 20.1.1998, p. 6.                                           (1 ) OJ C 3, 05.01.2002.