CELEX: C1999/048/30
Language: en
Date: 1999-02-20 00:00:00
Title: Action brought on 16 December 1998 by the Commission of the European Communities against the Republic of Austria (Case C-461/98)

20.2.1999            EN                  Official Journal of the European Communities                                    C 48/19
     proceedings because of the emergence of new                    Ð order the Republic of Austria to pay the costs.
     circumstances, according to which an internal
     Commission decision changing the criteria for the
     classification of officials must be regarded as a              Pleas in law and main arguments adduced in support
     supervening event.
Ð Infringement of Article 176 of the EC Treaty, under               Article 12(1) of the directive provides that the Member
     which the Commission should have taken all the steps           States are to bring into force the laws, regulations and
     necessary to comply with the judgment of the CFI in            administrative provisions necessary to comply with the
     Alexopolou (1).                                                directive not later than 21 November 1996.
Ð Breach of the fundamental principle of equal treatment            The Republic of Austria has not adopted the necessary
     embodied in Article 5(3) of the Staff Regulations and          measures within that deadline.
     upheld in the case-law of the ECJ and CFI.
                                                                    (1) OJ L 319, 12.12.1994, p. 14.
Ð Infringement of Community law: the order is not
     consistent with the duty of assistance and protection
     laid down in Article 24 of the Staff Regulations.
Ð The contested order of the CFI contains a defective
     statement of reasons, in that it does not sufficiently         Action brought on 21 December 1998 (lodged on
     explain why the internal Commission decision of                18 December 1998) by the Commission of the European
     7 February 1996 cannot be regarded as a supervening                     Communities against the Hellenic Republic
     event.
                                                                                           (Case C-470/98)
( ) Case T-17/95 ECR-SC [1995] II-683.
 1
                                                                                            (1999/C 48/31)
                                                                    An action against the Hellenic Republic was brought
                                                                    before the Court of Justice of the European Communities
                                                                    on 21 December 1998 by the Commission of the European
Action brought on 16 December 1998 by the Commission                Communities, represented by Maria Kondou-Durande, of
of the European Communities against the Republic of                 its Legal Service, with an address for service in
                            Austria                                 Luxembourg at the Office of Carlos Gómez de la Cruz, of
                                                                    its Legal Service, Wagner Centre.
                       (Case C-461/98)
                        (1999/C 48/30)
                                                                    The Commission claims that the Court should:
An action against the Republic of Austria was brought
before the Court of Justice of the European Communities             Ð declare that, by failing, except as regards fresh meat
on 16 December 1998 by the Commission of the                             and poultrymeat, to take the necessary measures to
European Communities, represented by Frank Benyon,                       ensure that the costs of the veterinary and
Legal Adviser, and Karin Schreyer, a national civil servant              administrative checks in respect of products of
on secondment to the Commission's Legal Service, with an                 agricultural origin from third countries, required
address for service in Luxembourg at the Office of Carlos                under Articles 3(ii) and 4 of Council Directive
Gómez de la Cruz, C 254, Wagner Centre, Kirchberg.                       90/675/EEC (1), are met by the consignor, the
                                                                         consignee or their agent, without reimbursement by
                                                                         the State, the Hellenic Republic has failed to fulfil its
The applicant claims that the Court should:                              obligations under the Treaty and that directive;
Ð declare that, by failing to adopt the laws, regulations
                                                                    Ð order the Hellenic Republic to pay the costs.
     and administrative measures necessary in order
     to comply with Council Directive 94/56/EC of
     21 November 1994 esetablishing the fundamental
     principles governing the investigation of civil aviation       Pleas in law and main arguments adduced in support
     accidents and incidents (1), alternatively by failing to
     communicate those measures to the Commission, the
     Republic of Austria has failed to fulfil its obligations       Under Article 189 of the EC Treaty directives are binding
     under that directive;                                          upon the Member States as to the result to be achieved.