CELEX: C2002/289/30
Language: en
Date: 2002-11-23 00:00:00
Title: Case C-357/02: Reference for a preliminary ruling by the Supremo Tribunal Administrativo by order of that Court of 3 July 2002 in the appeal brought by Fazenda Pública against Sonae Distribução SGPS, SA

23.11.2002             EN                   Official Journal of the European Communities                                      C 289/17
Action brought on 2 October 2002 by the Commission of                  Reference for a preliminary ruling by the Tribunal du
the European Communities against the Hellenic Republic                 Travail de Nivelles, Section de Nivelles — 2ème Chambre
                                                                       by judgment of that Court of 24 September 2002 in
                                                                       the case of Anne Hennecart against Office National de
                                                                                                    l’Emploi
                         (Case C-352/02)
                                                                                               (Case C-356/02)
                         (2002/C 289/28)
                                                                                               (2002/C 289/29)
                                                                       Reference has been made to the Court of Justice of the
An action against the Hellenic Republic was brought before             European Communities by judgment of the Tribunal du Travail
the Court of Justice of the European Communities on 2 Octo-            de Nivelles, Section de Nivelles — 2ème Chambre (Labour
ber 2002 by the Commission of the European Communities,                Court of Nivelles, Nivelles Section — 2nd Chamber) (Belgium)
represented by Minas Konstantinidis, of its Legal Service.             of 24 September 2002, received at the Court Registry on
                                                                       3 October 2002, for a preliminary ruling in the case of Anne
                                                                       Hennecart against Office National de l’Emploi on the following
                                                                       question:
The Commission claims that the Court should:
                                                                       Does Community law — and more particularly the principles
                                                                       of citizenship and of freedom of movement of citizens
—     declare that, by failing to adopt, and in any event to           provided for by Articles [17] and 18 of the EC Treaty —
      communicate, the laws, regulations and administrative            preclude the accrual and continuation of entitlement to a
      provisions necessary to comply with Directive 2000/14/           social security benefit conferred by a Member State, the
      EC ( 1) of the European Parliament and of the Council of         recipient not being required to remain available on the
      8 May 2000 on the approximation of the laws of the               employment market of that State, being made subject to a
      Member States relating to the noise emission in the              condition of residence or habitual residence within that State?
      environment by equipment for use outdoors, the Hellenic
      Republic has failed to fulfil its obligations under that
      directive;
—     order the Hellenic Republic to pay the costs.
                                                                       Reference for a preliminary ruling by the Supremo
                                                                       Tribunal Administrativo by order of that Court of 3 July
                                                                       2002 in the appeal brought by Fazenda Pública against
                                                                                        Sonae Distribução SGPS, SA
Pleas in law and main arguments
                                                                                               (Case C-357/02)
The Member States are required by the binding character of
                                                                                               (2002/C 289/30)
the third paragraph of Article 249 EC and Article 10 EC to
adopt the measures needed to transpose directives into national
law before the expiry of the time-limit laid down for that
purpose and to communicate those measures immediately to
the Commission. That time-limit expired on 3 July 2001                 Reference has been made to the Court of Justice of the
without the Hellenic Republic having notified to the Com-              European Communities by order of the Supremo Tribunal
mission the provisions transposing the directive in question           Administrativo (Supreme Administrative Tribunal) of 3 July
into national law.                                                     2002, received at the Court Registry on 3 October 2002, for a
                                                                       preliminary ruling in the appeal brought by Fazenda Pública
                                                                       against Sonae Distribução SGPS, SA on the following question:
( 1) OJ L 162 of 3.7.2000, p. 1.                                       Are Articles 1 and 2 of Order No 904/95 of 18 July 1995 and
                                                                       Article 408(1) of the Código do Mercado de Valores Mobiliá-
                                                                       rios (approved by Decreto-lei No 142-A/91 of 10 April 1991,
                                                                       in the version in force at the material time rather than the later
                                                                       version approved by Decreto-lei No 486/99 of 13 November
 ---pagebreak--- C 289/18                 EN                       Official Journal of the European Communities                                    23.11.2002
1999), compatible with Articles 11 and 12 of Directive 69/                   It is not disputed by the Hellenic Republic that it must adopt
335/EEC ( 1), in so far as they provide for a charge, payable to             measures to comply with the abovementioned directive.
the Comissão do Mercado de Valores Mobiliários, for over-
the-counter transactions involving securities which varies
according to the value of the transaction without upper limits?              The Commission records that until now the Hellenic Republic
                                                                             has not adopted the appropriate measures for the full incorpor-
                                                                             ation of the directive into Greek law.
( 1) Council Directive 69/335/EEC of 17 July 1969 concerning
     indirect taxes on the raising of capital. OJ L 249 of 3.10.1969,
     p. 25.
                                                                             (1 ) OJ L 127 of 9.5.2001, p. 38.
Action brought on 9 October 2002 by the Commission of
the European Communities against the Hellenic Republic
                                                                             Action brought on 14 October 2002 by the Commission
                                                                             of the European Communities against the Hellenic Repub-
                          (Case C-364/02)                                                                      lic
                          (2002/C 289/31)                                                             (Case C-369/02)
                                                                                                      (2002/C 289/32)
An action against the Hellenic Republic was brought before
the Court of Justice of the European Communities on 9 Octo-
ber 2002 by the Commission of the European Communities,
represented by Maria Kondou-Durande, Legal Adviser in its                    An action against the Hellenic Republic was brought before
Legal Service.                                                               the Court of Justice of the European Communities on 14 Octo-
                                                                             ber 2002 by the Commission of the European Communities,
                                                                             represented by Maria Kondou-Durande, Legal Adviser in its
The Commission claims that the Court should:                                 Legal Service.
—      declare that, by failing to adopt the laws, regulations
       and administrative provisions necessary to comply with                The Commission claims that the Court should:
       Commission Directive 2001/32/EC (1) of 8 May 2001
       recognising protected zones exposed to particular plant
                                                                             —     declare that, by failing to adopt within the time-limit laid
       health risks in the Community and repealing Directive
                                                                                   down the laws, regulations and administrative provisions
       92/76/EEC, the Hellenic Republic has failed to fulfil its
                                                                                   necessary to comply with Commission Directive 2001/
       obligations under Article 3(1) of that directive;
                                                                                   33/EC ( 1) of 8 May 2001 amending certain annexes to
                                                                                   Council Directive 2000/29/EC on protective measures
—      order the Hellenic Republic to pay the costs.                               against the introduction into the Community of organ-
                                                                                   isms harmful to plants or plant products and against their
                                                                                   spread within the Community, the Hellenic Republic has
                                                                                   failed to fulfil its obligations under Article 2 of that
Pleas in law and main arguments                                                    directive;
                                                                             —     order the Hellenic Republic to pay the costs.
In accordance with the third paragraph of Article 249 EC,
directives are binding, as to the result to be achieved, upon
each Member State to which they are addressed.
                                                                             Pleas in law and main arguments
Under the first paragraph of Article 10 EC, Member States are
to take all appropriate measures, whether general or particular,
to ensure fulfilment of the obligations arising out of the Treaty            In accordance with the third paragraph of Article 249 EC,
or resulting from action taken by the institutions of the                    directives are binding, as to the result to be achieved, upon
Community.                                                                   each Member State to which they are addressed.