CELEX: C1998/026/03
Language: en
Date: 1998-01-24 00:00:00
Title: Action brought on 10 November 1997 by the Commission of the European Communities against the Hellenic Republic (Case C-384/97)

C 26/2                EN                  Official Journal of the European Communities                                    24.1.98
                 ORDER OF THE COURT                                  The applicant claims that the Court should:
                      (Second Chamber)
                                                                     Ð declare that, by not establishing programmes, which
                     of 16 October 1997
                                                                         incorporate quality objectives and set deadlines for
in Case C-140/96 P: Konstantinos Dimitriadis v. Court of                 their implementation, in order to reduce water
         Auditors of the European Communities (1)                        pollution caused by the 99 dangerous substances in the
                                                                         first indent of List II in the Annex to Council Directive
    (Appeal clearly inadmissible and clearly unfounded)                  76/464/EEC on pollution caused by certain dangerous
                         (98/C 26/02)                                    substances discharged into the aquatic environment of
                                                                         the Community (1) and, consequently, by not making
                                                                         the discharges which are made into its waters and are
                (Language of the case: Greek)                            liable to contain those substances subject to prior
                                                                         authorization from the authority which is to lay down
                                                                         the emission standards on the basis of quality
  (Provisional translation; the definitive translation will be           objectives set in the programmes, the Hellenic
         published in the European Court Reports)                        Republic has failed to fulfil its obligations under the
                                                                         Treaty and Article 7 of the Directive,
In Case C-140/96 P: Konstantinos Dimitriadis, former
official of the Court of Auditors of the European                    Ð order the Hellenic Republic to pay the costs.
Communities, residing in Luxembourg, represented by
Markos Papazissis, of the Thessalonica Bar, with an                  Pleas in law and main arguments adduced in support:
address for service in Luxembourg at the applicant's
home, 4A, Boulevard Grande-Duchesse Charlotte Ð
appeal against the judgment of the Court of First Instance           In accordance with the third paragraph of Article 189 of
of the European Communities (Third Chamber) of                       the EC Treaty, directives are binding, as to the result to be
28 February 1996 in Case T-294/94 Dimitriadis v. Court               achieved, upon each Member State to which they are
of Auditors [1996] ECR-SC I-A-51 and II-151) seeking to              addressed. In accordance with the first paragraph of
have that judgment set aside, the other party to the                 Article 5 of the Treaty, Member States are to take all
proceedings being: Court of Auditors of the European                 appropriate measures, whether general or particular, to
Communities (Agents: Jean-Marie Stenier, Christos                    ensure fulfilment of the obligations arising out of the
Komninos and Paolo Giusta) Ð the Court (Second                       Treaty or resulting from actions taken by the institutions
Chamber), composed of R. Schintgen, President of the                 of the Community.
Chamber, G. F. Mancini (Rapporteur) and G. Hirsch,
Judges; C. O. Lenz, Advocate-General; R. Grass,                      Under Article 7 of the Directive the Greek Republic had
Registrar, made an order on 16 October 1997, the                     to establish programmes in order to reduce pollution of its
operative part of which is as follows:                               waters by the substances laid down by the Directive;
                                                                     however, it had failed to give notice of such programmes
                                                                     up until the time when the Commission lodged this
1. The appeal is dismissed.
                                                                     application.
2. The appellant is odered to pay the costs.                         (1) OJ L 129, 18.5.1976, p. 23.
(1) OJ C 210, 20.7.1996.
                                                                     Reference for a preliminary ruling from the Oberster
                                                                     Gerichtshof by order of that court of 4 November 1997 in
                                                                     the case of Landesgrundverkehrsreferent der Tiroler
Action brought on 10 November 1997 by the Commission                 Landesregierung v. (1) Herbert Kappes and (2) Edwin
of the European Communities against the Hellenic                                                  Neuner
                           Republic
                                                                                            (Case C-395/97)
                       (Case C-384/97)
                                                                                              (98/C 26/04)
                         (98/C 26/03)
                                                                     Reference has been made to the Court of Justice of the
An action against the Hellenic Republic was brought                  European Communities by an order of the Oberster
before the Court of Justice of the European Communities              Gerichtshof (Supreme Court), Austria, of 4 November
on 10 November 1997 by the Commission of the                         1997, which was received at the Court Registry on
European Communities, represented by Maria Kondou-                   25 November 1997, for a preliminary ruling in the case of
Durande, of its Legal Service, with an address for service           Landesgrundverkehrsreferent der Tiroler Landesregierung
in Luxembourg at the office of Carlos Gómez de la Cruz,              v. (1) Herbert Kappes and (2) Edwin Neuner on the
of its Legal Service, Wagner Centre, Kirchberg.                      following question: