CELEX: C1995/229/14
Language: en
Date: 1995-09-02 00:00:00
Title: JUDGMENT OF THE COURT (Fifth Chamber) of 29 June 1995 in Case C-170/94: Commission of the European Communities v. Hellenic Republic (Failure of a Member State to fulfil its obligations - Non-transposition of Directives 90/219/EEC and 90/220/EEC - Genetically modified organisms)

No C 229/8              EN                  Official Journal of the European Communities                                     2 . 9 . 95
      in the event of a radiological emergency, the Italian                  modified organisms, the Hellenic Republic has failed to
      Republic has failed to fulfil its obligations under that               fulfil its obligations under the EC Treaty;
      Directive;
                                                                       2 . orders the Hellenic Republic to pay the costs.
2 . orders the Italian Republic to bear the costs.
                                                                       H OJ No C 275 , 1 . 10 . 1994 .
( ! ) OJ No C 188 , 9 . 7 . 1994 .                                     ( 2 ) OJ No L 117, 8 . 5 . 1990, p. 1 .
( 2 ) OJ No L 357, 7 . 12 . 1989 , p . 31 .                            ( 3 ) OJ No L 117, 8 . 5 . 1990, p . 15 .
               JUDGMENT OF THE COURT                                                    JUDGMENT OF THE COURT
                           (Fifth Chamber)                                                        of 5 July 1995
                           of 29 June 1995                             in Case C-21/94: European Parliament v. Council of the
       in Case C-l 70/94: Commission of the European                                           European Union (*)
             Communities v. Hellenic Republic (*)                      (Directive 93/89/EEC on the application by Member States
(Failure of a Member State to fulfil its obligations —                 oftaxes on certain vehicles used for the carriage ofgoods by
Non-transposition of Directives 90/219/EEC and                         road and tolls and charges for the use of certain
       90/220/EEC — Genetically modified organisms)                    infrastructures — Reconsultation of the European
                                                                                                     Parliament)
                            ( 95/C 229/14 )
                                                                                                   ( 95/C 229/ 15 )
                 (Language of the case: Greek)
                                                                                         (Language of the case: French)
(Provisional translation; the definitive translation will be
          published in the European Court Reports)                     (Provisional translation: the definitive translation will be
                                                                                  published in the European Court Reports)
In Case C-l 70/94 : Commission of the European
Communities ( Agent: Maria Kontou-Durande ) v. Hellenic                In Case C-21 /94 : European Parliament ( Agents : Johann
Republic ( Agents : Panagiotis Mylonopoulos and Nana                   Schoo and Jannis Pantalis ) v. Council of the European
Dafniou ) — application for a declaration that, by failing to          Union ( Agents : Antonio Sacchettini and Amadeu Lopes
adopt, or not notifying within the prescribed period, the              Sabino ) supported by Federal Republic of Germany
laws, regulations and administrative provisions necessary to           ( Agents : Ernst Röder and Bernd Kloke) and by the United
comply with Council Directive 90/219/EEC of 23 April                   Kingdom of Great Britain and Northern Ireland ( Agents :
1990 on the contained use of genetically modified                      Lucinda Hudson and Lindsey Nicholl ) — application for the
micro-organisms (2 ) and Council Directive 90/220/EEC of               annulment of Council Directive 93/89/EEC of 25 October
23 April 1990 on the deliberate release into the environment           1993 on the application by Member States of taxes on
of genetically modified organisms (3 ), the Hellenic Republic          certain vehicles used for the carriage of goods by road and
has failed to fulfil its obligations under the EC Treaty — the         tolls and charges for the use of certain infrastructures ( 2 ) —
Court ( Fifth Chamber ), composed of: C. Gulmann,                      the Court, composed of: G. C. Rodriguez Iglesias, President,
President of the Chamber, P. Jann, J. C. Moitinho de                   F. A. Schockweiler, P. J. G. Kapteyn, C. Gulmann and
Almeida, D. A. O. Edward and L. Sevón ( Rapporteur ),                  P. Jann ( Presidents of Chambers ), G. F. Mancini, C. N.
Judges: F. G. Jacobs, Advocate-General; R. Grass, Registrar,           Kakouris, J. C. Moitinho de Almeida ( Rapporteur), J. L.
gave a judgment on 29 June 1995 , the operative part of                Murray, D. A. O. Edward, G. Hirsch, H. Ragnemalm and
which is as follows :                                                  L. Sevón, Judges; P. Leger, Advocate-General; R. Grass,
                                                                       Registrar, has given a judgment on 5 July 1995 in which
                                                                       it :
1 . declares that in not adopting within the prescribed
      periods the laws, regulations and administrative
      provisions necessary to comply with Council Directive            1 . annuls Council Directive 93/89/EEC of 25 October
      90/219/EEC of 23 April 1990 on the contained use of                    1 993 on the application by Member States of taxes on
      genetically modified micro-organisms and Council                       certain vehicles used for the carriage of goods by road
      Directive 90/220/EEC of 23 April 1990 on the                           and tolls and charges for the use of certain
      deliberate release into the environment of genetically                 infrastructures;