CELEX: 61988CJ0329
Language: en
Date: 1989-12-06 00:00:00
Title: Judgment of the Court of 6 December 1989. # Commission of the European Communities v Hellenic Republic. # Failure by a Member State to fulfil its obligations - Failure to transpose a directive. # Case C-329/88.

Avis juridique important

|

61988J0329

Judgment of the Court of 6 December 1989.  -  Commission of the European Communities v Hellenic Republic.  -  Failure by a Member State to fulfil its obligations - Failure to transpose a directive.  -  Case C-329/88.  

European Court reports 1989 Page 04159 Pub.RJ Page Pub somm

SummaryPartiesOperative part
Keywords

++++1.Member States - Obligations - Implementation of directives - Failure to fulfil obligations - Justification - Unwarrantable  ( EEC Treaty, Art . 169 )  2.Action for failure to fulfil obligations - Right of action of the Commission - Discretionary exercise  ( EEC Treaty, Art . 169, second paragraph )  

Summary

1.According to well-established case-law, a Member State cannot plead provisions, practices or circumstances existing in its internal legal system in order to defend a failure to comply with obligations and time-limits laid down in Community directives .  2.If the Member State to which a reasoned opinion has been issued has not, by the end of the period which the Commission may lay down under the second paragraph of Article 169 of the Treaty, put an end to the failure of which it is accused, the Commission is at liberty to decide whether or not to bring the matter before the Court of Justice .  

Parties

In Case C-329/88  Commission of the European Communities, represented by Maria Condou-Durande, Legal Adviser in its Legal Department, with an address for service in Luxembourg at the office of Georgios Kremlis, a member of its Legal Department, Wagner Centre, Kirchberg,  applicant,  v  Hellenic Republic, represented by N . Frangkakis, Legal Adviser to the Permanent Representation of Greece to the European Communities in Brussels, E . Marinou, a member of the Special Legal Department for the European Communities in the Ministry of Foreign Affairs, and A . Pliakos, Legal Adviser in the Ministry of Trade,  defendant,  APPLICATION for a declaration that by failing to adopt and to communicate to the Commission within the prescribed period the laws, regulations and administrative provisions needed to comply with Council Directive 84/450/EEC of 10 September 1984 relating to the approximation of the laws, regulations and administrative provisions of the Member States concerning misleading advertising ( Official Journal 1984, L 250, p . 17 ), the Hellenic Republic has failed to fulfil its obligations under the EEC Treaty,  THE COURT  composed of : O . Due, President, C . N . Kakouris and M . Zuleeg ( Presidents of Chambers ), T . Koopmans, R . Joliet, J . C . Moitinho de Almeida, G . C . Rodríguez Iglesias, F . Grévisse and M . Diez de Velasco, Judges,  ( the grounds of the judgment are not reproduced )  hereby :  

Operative part

( 1 ) Declares that, by failing to adopt within the prescribed period the measures necessary to implement Council Directive 84/450/EEC of 10 September 1984 relating to the approximation of the laws, regulations and administrative provisions of the Member States concerning misleading advertising, the Hellenic Republic has failed to fulfil its obligations under the EEC Treaty;  ( 2 ) Orders the Hellenic Republic to pay the costs .