CELEX: C2000/063/29
Language: en
Date: 2000-03-04 00:00:00
Title: Case C-494/99: Action brought on 21 December 1999 by the Commission of the European Communities against the Hellenic Republic

C 63/16                EN                   Official Journal of the European Communities                                       4.3.2000
— Infringement of the freedom of estab-                                Pleas in law and main arguments
    lishment.
                                                                       The Member States are required by the binding character of
                                                                       the third paragraph of Article 249 EC and of Article 10 EC (ex
    In view of the fact that in Germany only a company whose
                                                                       third paragraph of Article 189 and Article 5 of the EC Treaty)
    employees carry out construction work accounting for
                                                                       to adopt the measures needed to transpose directives into
    more than 50 % of the company’s total working time can
                                                                       national law before the expiry of the period laid down for that
    be treated as being a construction company, it makes little
                                                                       purpose and to communicate those measures immediately to
    sense for construction companies from other Member
                                                                       the Commission. That period expired on 21 November 1996
    States to establish separate subsidiaries in Germany
                                                                       without the Hellenic Republic having communicated to the
    employing exclusively commercial and technical staff (for
                                                                       Commission the provisions transposing the directive at issue
    instance, in order to secure or develop projects), since
                                                                       into national law.
    these are not in a position, should orders for work
    come in, to carry out the work through deployment of
    construction workers, from their other (foreign) subsidia-         (1) OJ L 319 of 12.12.1994, p. 14.
    ries or from the parent company. This also constitutes
    discriminatory treatment, inasmuch as German subsidiari-
    es of German construction undertakings continue to be
    treated as construction companies even if they do not
    themselves satisfy the 50 % rule.
                                                                       Action brought on 21 December 1999 by the Commission
                                                                       of the European Communities against the French Republic
                                                                                                (Case C-495/99)
                                                                                                 (2000/C 63/30)
                                                                       An action against the French Republic was brought before the
Action brought on 21 December 1999 by the Commission                   Court of Justice on 21 December 1999 by the Commission of
of the European Communities against the Hellenic Repub-                the European Communities, represented by Peter Oliver, Legal
                                lic                                    Adviser, acting as Agent, with an address for service in
                                                                       Luxembourg at the office of Carlos Gómez de la Cruz, Wagner
                                                                       Centre, Kirchberg.
                         (Case C-494/99)
                                                                       The applicant claims that the Court should:
                          (2000/C 63/29)
                                                                       1. declare that, by failing to adopt the laws, regulations
                                                                            and administrative provisions necessary to comply with
An action against the Hellenic Republic was brought before the              Council Directive 96/93/EC on the certification of animals
Court of Justice of the European Communities on 21 December                 and animal products (1), the French Republic has failed to
1999 by the Commission of the European Communities,                         comply with its obligations under that directive and under
represented by Maria Patakia, of its Legal Service, and Frank               the Treaty;
Benyon, Legal Adviser in its Legal Service, with an address for
service in Luxembourg at the office of Carlos Gómez de la             2. order the French Republic to pay the costs.
Cruz, of its Legal Service, Wagner Centre, Kirchberg.
                                                                       Pleas in law and main arguments
The Commission claims that the Court should:
                                                                       The mandatory nature of the provisions of Articles 249 and
                                                                       10 EC is such as to oblige Member States to which directives
— declare that, by not adopting and communicating to the               are addressed to adopt the measures necessary in order to
    Commission within the time-limit laid down in the laws,            transpose those directives into their national legal order within
    regulations and administrative provisions necessary to             the time-limit prescribed therein. The time-limit fixed by
    comply fully with Council Directive 94/56/EC (1) of                Article 9 of Directive 96/93/EC expired on 1 January 1998
    21 November 1994 establishing the fundamental prin-                but France has not adopted the necessary measures.
    ciples governing the investigation of civil aviation accidents
    and incidents, the Hellenic Republic has failed to fulfil its
    obligations under the Treaty and that directive;                   (1) JO L 13 of 16 January 1997, p. 18.
— order the Hellenic Republic to pay the costs.