CELEX: C1996/336/23
Language: en
Date: 1996-11-09 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 11 July 1996 in Case C-304/95: Commission of the European Communities v. Hellenic Republic (Failure to fulfil obligations - Directive 92/5/EEC - Failure to transpose within the prescribed period)

9 . 11 . 96            EN                  Official Journal of the European Communities                                   No C 336/ 13
Court ( Fifth Chamber ), composed of: D. A. O. Edward,                      Directive 64/433/EEC, the Hellenic Republic has failed
President of the Chamber, J.-P. Puissochet, C. Gulmann, P.                  to fulfil its obligations pursuant to Article 3 of Directive
Jann and M. Wathelet ( Rapporteur ), Judges; C. O. Lenz,                    92/5/EEC;
Advocate-General; R. Grass, Registrar, has given a
judgment on 11 July 1996 , in which it:
                                                                      2 . Orders the Hellenic Republic to pay the costs.
1 . Declares that, by not adopting within the prescribed
                                                                      (') OJ No C 299 , 11 . 11 . 1995 .
      period the laws, regulations and administrative
                                                                      ( 2 ) OJ No L 57, 1992 , p . 1 .
      provisions necessary to comply with Council Directive
      91 /157'/EEC of 18 March 1991 on batteries and
      accumulators containing certain dangerous substances,
      the Italian Republic has failed to fulfil its obligations
      under that Directive;
2 . Orders the Italian Republic to pay the costs.                                      JUDGMENT OF THE COURT
                                                                                                 of 30 July 1996
(') OJ No C 286 , 28 . 10 . 1995 .
( 2 ) OJ No L 78 , 1991 , p . 38 .                                    in Case C-84/95 ( reference for a preliminary ruling from the
                                                                      Supreme Court of Ireland ): Bosphorus Hava Yollari Turizm
                                                                      ve Ticaret AS v. Minister for Transport, Energy and
                                                                          Communications, Ireland and the Attorney General f 1 )
                                                                      (Embargo against the Federal Republic of Yugoslavia
                                                                         (Serbia and Montenegro) — Impounding of an aircraft)
                JUDGMENT OF THE COURT                                                             ( 96/C 336/24 )
                         ( Sixth Chamber )
                          of 11 July 1996                                                (Language of the case: English)
       in Case C-304/95 : Commission of the European
              Communities v. Hellenic Republic ( J )                  In Case C-84/95 : reference to the Court pursuant to
(Failure to fulfil obligations — Directive 92/5/EEC —                 Article 177 of the EC Treaty from the Supreme Court of
       Failure to transpose within the prescribed period)             Ireland for a preliminary ruling in the proceedings pending
                           ( 96/C 336/23 )                            before that court between Bosphorus Hava Yollari Turizm
                                                                      ve Ticaret AS and Minister for Transport, Energy and
                                                                      Communications, Ireland and the Attorney General — on
                 (Language of the case: Greek)                        the interpretation of Article 8 of Council Regulation ( EEC )
                                                                      No 990/93 of 26 April 1993 concerning trade between the
(Provisional translation; the definitive translation will be          European Economic Community and the Federal Republic
           published in the European Court Reports)                   of Yugoslavia ( Serbia and Montenegro ) ( 2 ) — the Court,
                                                                      composed of: G. C. Rodriguez Iglesias, President, C. N.
In Case C-304/95 : Commission of the European                         Kakouris and D. A. O. Edward ( Presidents of Chambers ),
Communities ( Agent: Maria Kontou Durande ) v. Hellenic               G. F. Mancini, J. C. Moitinho de Almeida , P. J. G. Kapteyn
Republic ( Agents : Aikaterini Samoni-Rantou and Nana                 ( Rapporteur ), J. L. Murray, H. Ragnemalm and L. Sevón,
Dafniou ) — application for a declaration that, by failing to         Judges; F. G. Jacobs, Advocate-General ; L. Hewlett,
adopt and notify to the Commission within the prescribed              Administrator, for the Registrar, has given a judgment on
period the laws, regulations and administrative provisions            30 July 1996 , in which it rules :
necessary to comply with Council Directive 92/5/EEC of
10 February 1992 amending and updating Directive                      Article 8 of Council Regulation (EEC) No 990/93 of
77/99/EEC on health problems affecting intra-Community                26 April 1993 concerning trade between the European
trade in meat products and amending Directive                         Economic Community and the Federal Republic of
64/433/EEC ( 2 ), the Hellenic Republic has failed to fulfil its      Yugoslavia (Serbia and Montenegro) applies to an aircraft
obligations pursuant to the EC Treaty and Directive                   which is owned by an undertaking based in or operating
92/5/EEC — the Court ( Sixth Chamber ), composed of:                  from the Federal Republic of Yugoslavia (Serbia and
C. N. Kakouris, President of the Chamber, P. J. G. Kapteyn            Montenegro), even though the owner has leased it for four
and H. Ragnemalm ( Rapporteur ), Judges; C. O. Lenz,                  years to another undertaking, neither based in nor operating
Advocate-General; R. Grass, Registrar, has given a                    from that Republic and in which no person or undertaking
judgment on 11 July 1996, in which it:                                based in or operating from that republic has a majority or
                                                                      controlling interest.
1 . Declares that, by failing to adopt within the prescribed
      period the laws, regulations and administrative                 (M OJ No C 137, 3 . 6 . 1995 .
      provisions necessary to comply with Council Directive           ( 2 ) OJ No L 102 , 1993 , p . 14 .
      92/5/EEC of 10 February 1 992 amending and updating
      Directive 77/99/EEC on health problems affecting
      intra-Community trade in meat products and amending