CELEX: C2002/017/16
Language: en
Date: 2002-01-19 00:00:00
Title: Case C-451/01: Action brought on 21 November 2001 by the Commission of the European Communities against the Hellenic Republic

C 17/10                EN                    Official Journal of the European Communities                                      19.1.2002
It is not disputed by the Hellenic Republic that it must adopt          It is not disputed by the Hellenic Republic that it must adopt
measures to comply with the abovementioned directive.                   measures to comply with the abovementioned directive.
The Commission records that until now the Hellenic Republic             The Commission records that until now the Hellenic Republic
has not adopted the appropriate measures for the full incorpor-         has not adopted the appropriate measures for the full incorpor-
ation of the directive at issue into Greek law.                         ation of the directive at issue into Greek law.
(1) OJ L 50, 26.2.1999, p. 26.                                          (1) OJ L 209, 7.8.1999, p. 22.
Action brought on 21 November 2001 by the Com-                          Action brought on 22 November 2001 by the Com-
mission of the European Communities against the Hellen-                 mission of the European Communities against the Hellen-
                            ic Republic                                                               ic Republic
                         (Case C-451/01)                                                           (Case C-453/01)
                          (2002/C 17/16)                                                            (2002/C 17/17)
                                                                        An action against the Hellenic Republic was brought before
An action against the Hellenic Republic was brought before
                                                                        the Court of Justice of the European Communities on 22 No-
the Court of Justice of the European Communities on 21 No-
                                                                        vember 2001 by the Commission of the European Communi-
vember 2001 by the Commission of the European Communi-
                                                                        ties, represented by Maria Kondou-Durande, Legal Adviser.
ties, represented by Maria Kondou-Durande, Legal Adviser.
                                                                        The Commission claims that the Court should:
The Commission claims that the Court should:
                                                                        —      declare that, by not adopting within the time-limit laid
—      declare that, by not adopting within the time-limit laid                down the laws, regulations and administrative provisions
       down the laws, regulations and administrative provisions                necessary to comply with Council Directive 98/58/EC (1)
       necessary to comply with Commission Directive                           of 20 July 1998 concerning the protection of animals
       1999/78/EC (1) of 27 July 1999 amending Directive                       kept for farming purposes, the Hellenic Republic has
       95/10/EC, the Hellenic Republic has failed to fulfil its                failed to fulfil its obligations under the Treaty and that
       obligations under the Treaty and that directive;                        directive;
—      order the Hellenic Republic to pay the costs.                    —      order the Hellenic Republic to pay the costs.
Pleas in law and main arguments                                         Pleas in law and main arguments
In accordance with the third paragraph of Article 249 EC,               In accordance with the third paragraph of Article 249 EC,
directives are binding, as to the result to be achieved, upon           directives are binding, as to the result to be achieved, upon
each Member State to which they are addressed.                          each Member State to which they are addressed.
Under the first paragraph of Article 10 EC, Member States are           Under the first paragraph of Article 10 EC, Member States are
to take all appropriate measures, whether general or particular,        to take all appropriate measures, whether general or particular,
to ensure fulfilment of the obligations arising out of the Treaty       to ensure fulfilment of the obligations arising out of the Treaty
or resulting from action taken by the institutions of the               or resulting from action taken by the institutions of the
Community.                                                              Community.