CELEX: C2002/247/19
Language: en
Date: 2002-10-12 00:00:00
Title: Case C-311/02: Action brought on 4 September 2002 by the Commission of the European Communities against the Hellenic Republic

12.10.2002               EN                    Official Journal of the European Communities                                       C 247/11
Pleas in law and main arguments                                           Action brought on 4 September 2002 by the Commission
                                                                          of the European Communities against the Hellenic
                                                                                                       Republic
The pleas in law and main arguments are similar to those put
forward in Case C-307/02.
                                                                                                   (Case C-311/02)
( 1) OJ 2000 L 103, p. 70.
                                                                                                   (2002/C 247/19)
Action brought on 2 September 2002 by the Commission
of the European Communities against the United
                               Kingdom
                                                                          An action against the Hellenic Republic was brought before the
                           (Case C-310/02)                                Court of Justice of the European Communities on 4 September
                                                                          2002 by the Commission of the European Communities,
                                                                          represented by F. Franca and M. Konstantinidis, with an address
                           (2002/C 247/18)                                for service in Luxembourg.
An action against the United Kingdom was brought before the
Court of Justice of the European Communities on 2 September               The Commission claims that the Court should:
2002 by the Commission of the European Communities,
represented by Lena Ström and Xavier Lewis, acting as agents,
with an address for service in Luxembourg.
                                                                          —     declare that, by failing to adopt or, in the alternative, to
                                                                                notify to the Commission, within the time-limit laid
The Applicant claims that the Court should:                                     down, the laws, regulations and administrative provisions
                                                                                necessary to comply fully with Directive 98/27/EC of the
1)     declare that by failing to adopt for Gibraltar the laws,                 European Parliament and of the Council of 19 May
       regulations and administrative provisions necessary to                   1998 ( 1) on injunctions for the protection of consumers’
       comply with Commission Directive 98/98/EC (1) of                         interests, the Hellenic Republic has failed to fulfil its
                                                                                obligations under the EC Treaty;
       15 December 1998 adapting to technical progress for the
       25th time the Council Directive 67/548/EEC on the
       approximation of the laws, regulations and administrative
       provisions relating to the classification, packaging and           —     order the Hellenic Republic to pay the costs.
       labelling of dangerous substances, or in any event, by
       failing to notify such provisions to the Commission the
       United Kingdom has failed to fulfil its obligations under
       that Directive;
2)     order the United Kingdom to pay the costs.
                                                                          Pleas in law and main arguments
Pleas in law and main arguments                                           —     infringement of the third paragraph of Article 249 and
                                                                                the first paragraph of Article 10 of the Treaty;
The pleas in law and main arguments are analogous to those
in case C-305/02 (2). Moreover, the Commission considers that
the exclusion of the customs and commercial policy provisions             —     infringement of Article 8(1) of Directive 98/27/EC.
as set out in the Act of Accession with regard to Gibraltar does
not exclude the application of Article 95 of the EC Treaty and
secondary legislation adopted thereunder.
                                                                          (1 ) OJ No L 166, 11.6.1998, p. 51.
( 1) OJ L 355, 30.12.1998, p. 1.
( 2) See p. 9 of the present Official Journal.