CELEX: C2003/031/12
Language: en
Date: 2003-02-08 00:00:00
Title: Case C-426/02: Action brought on 22 November 2002 by the Commission of the European Communities against the Hellenic Republic

C 31/8                  EN                          Official Journal of the European Union                                            8.2.2003
—      order the Hellenic Republic to pay the costs.                        Pleas in law and main arguments
                                                                            1.    The Commission considers that the tax which is levied in
                                                                                  respect of the validation of invoices for the import of
Pleas in law and main arguments
                                                                                  pharmaceutical products that come from the Community
                                                                                  is contrary to Article 12 of the EC Treaty (now Article 25
1.     The Commission considers that the measures taken are
                                                                                  EC) and thus constitutes a charge having an effect
       not sufficient to ensure that the landfill site ‘Pera Galinon’
                                                                                  equivalent to that of customs duty.
       is operated in a manner which does not create risks to
       the natural and man-made environment and which is
       consistent with the obligations arising from Article 4 of            2.    The Commission observes that classification as a charge
       the directive.                                                             having equivalent effect does not depend on what the
                                                                                  charge is called or its amount.
2.     In the Commission’s view, the Hellenic Republic has
       exceeded the limits of the discretion conferred on it by             3.    None of the three exceptions preventing classification as
       Article 4 of the directive, since over a long period it has                a charge having equivalent effect applies.
       not taken effective action to avert pollution of the
       environment and to protect the health of inhabitants
                                                                            4.    Infringement of Article 133 of the EC Treaty.
       from the unlawful deposit of waste at the Pera Galinon
       site in the prefecture of Heraklion, Crete.
3.     The Commission observes that the landfill site in question
       operates without a permit which meets the conditions
       laid down in Article 9 of the directive.
( 1) OJ No L 194, 25.7.1975, p. 39.
( 2) OJ No L 78, 26.3.1991, p. 32.                                          Action brought on 3 December 2002 by the Commission
                                                                            of the European Communities against the Republic of
                                                                                                           Finland
                                                                                                     (Case C-437/02)
Action brought on 22 November 2002 by the                                                             (2003/C 31/13)
Commission of the European Communities against the
                         Hellenic Republic
                          (Case C-426/02)                                   An action against the Republic of Finland was brought
                                                                            before the Court of Justice of the European Communities on
                           (2003/C 31/12)                                   3 December 2002 by the Commission of the European
                                                                            Communities, represented by M. Huttunen and T. van Rijn,
                                                                            acting as Agents, with an address for service in Luxembourg.
An action against the Hellenic Republic was brought before
the Court of Justice of the European Communities on 22 No-
                                                                            The Commission claims that the Court should
vember 2002 by the Commission of the European Communi-
ties, represented by Xavier Lewis and Minas Konstantinidis, of
its Legal Service.                                                          —     declare that
                                                                                  1.    by failing to enact appropriate detailed rules for the
The Commission claims that the Court should:                                            distribution and use of the fishing rights allocated to
                                                                                        it,
—      declare that by applying, for the benefit of the Ethniko
       Organismo Farmakon (National Organisation for Medi-
       cines), a charge in respect of the validation of invoices on               2.    and by failing to monitor compliance with the
       the import of raw materials for pharmaceutical use, semi-                        Community legislation on preservation by monitor-
       finished products and finished products from other                               ing fishing and related activities and by appropriate
       Member States or non-member countries, the Hellenic                              inspection of the fishing fleet and related activities,
       Republic has failed to fulfil its obligations under
       Articles 23, 25 and 133 of the Treaty establishing the                     3.    and by failing to prohibit provisionally fishing by
       European Community;                                                              vessels flying its flag or registered in its territory
                                                                                        when the quotas allocated to it were deemed to be
—      order the Hellenic Republic to pay the costs.                                    exhausted,