CELEX: C2000/355/32
Language: en
Date: 2000-12-09 00:00:00
Title: Case C-393/00: Action brought on 25 October 2000 by the Commission of the European Communities against the Hellenic Republic

C 355/16                EN                      Official Journal of the European Communities                                       9.12.2000
Pleas in law and main arguments                                            The Commission claims that the Court should:
—     Infringement of an essential procedural requirement: the
      legal basis for the decisions at issue is inappropriate. Since       1.    declare that, by failing to adopt the laws, regulations
      Article 255 EC enshrined for the first time in primary                     and administrative provisions necessary to comply with
      legislation rights of access to documents of the Parlia-                   Council Directive 97/79/EC (1) of 18 December 1997
      ment, the Council and the Commission, the Council no                       amending       Directives    71/118/EEC,        72/462/EEC,
      longer has power to regulate such matters under the head                   85/73/EEC, 91/67/EEC, 91/492/EEC, 91/493/EEC,
      of its powers of internal organisation. Article 28(1) and                  92/45/EEC and 92/118/EEC as regards the organisation
      Article 41(1) of the Treaty on European Union explicitly                   of veterinary checks on products entering the Community
      provide that rights of access extend also to documents                     from third countries and Council Directive 98/46/EC (2)
      concerning the common foreign and security policy and                      of 24 June 1998 amending Annexes A, D (Chapter I) and
      cooperation in the fields of justice and home affairs.                     F to Directive 64/432/EEC on health problems affecting
                                                                                 intra-Community trade in bovine animals and swine, the
      The obligation to lay down general principles and limits                   Hellenic Republic has failed to fulfil its obligations under
      upon the rights of access to documents in accordance                       the Treaty and those directives;
      with the codecision procedure (Article 255(2) EC) is,
      admittedly, one that is to be complied with within a
      period of two years. However, that obligation came into
      effect as soon as the Treaty of Amsterdam came into                  2.    order the Hellenic Republic to pay the costs.
      force, which necessarily excludes the adoption of any
      unilateral measures laying down such general principles
      and limits.
—     Breach of the obligation to cooperate in good faith
      (Article 10 EC): despite the fact that the Commission                Pleas in law and main arguments
      adopted a proposal for a regulation, in accordance with
      Article 255(2) EC, and that the Parliament expected to
      collaborate closely with the Council and the Commission
      under the codecision procedure, the Council adopted                  In accordance with the third paragraph of Article 249 of the
      the measures at issue without the knowledge of the                   Treaty establishing the European Community, directives are
      Parliament.                                                          binding, as to the result to be achieved, upon each Member
                                                                           State to which they are addressed.
—     Breach of the principle of institutional equilibrium: by
      adopting its decision unilaterally and without having
      regard to the procedures laid down in the Treaty,
      the Council also breached the principle of institutional             Under the first paragraph of Article 10 of the Treaty, Member
      equilibrium.                                                         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
(1) OJ L 212 of 23.8.2000, p. 9.                                           of the Community.
(2) OJ C 239 of 23.8.2000, p. 1.
                                                                           It is not disputed by the Hellenic Republic that it must adopt
                                                                           measures to comply with the abovementioned directives.
Action brought on 25 October 2000 by the Commission
of the European Communities against the Hellenic Repub-                    The Commission records that until now the Hellenic Republic
                                 lic                                       has not adopted the appropriate measures to incorporate those
                                                                           directive fully into Greek law.
                          (Case C-393/00)
                         (2000/C 355/32)
                                                                           (1) OJ L 24, 30.1.1998, p. 31.
                                                                           (2) OJ L 198, 15.7.1998, p. 22.
An action against the Hellenic Republic was brought before
the Court of Justice of the European Communities on 25 Octo-
ber 2000 by the Commission of the European Communities,
represented by Maria Kondou-Durande, of its Legal Service,
with an address for service in Luxembourg at the office of
Carlos Gómez de la Cruz, of its Legal Service, Wagner Centre,
Kirchberg.