CELEX: C2002/289/32
Language: en
Date: 2002-11-23 00:00:00
Title: Case C-369/02: Action brought on 14 October 2002 by the Commission of the European Communities against the Hellenic Republic

C 289/18                 EN                       Official Journal of the European Communities                                    23.11.2002
1999), compatible with Articles 11 and 12 of Directive 69/                   It is not disputed by the Hellenic Republic that it must adopt
335/EEC ( 1), in so far as they provide for a charge, payable to             measures to comply with the abovementioned directive.
the Comissão do Mercado de Valores Mobiliários, for over-
the-counter transactions involving securities which varies
according to the value of the transaction without upper limits?              The Commission records that until now the Hellenic Republic
                                                                             has not adopted the appropriate measures for the full incorpor-
                                                                             ation of the directive into Greek law.
( 1) Council Directive 69/335/EEC of 17 July 1969 concerning
     indirect taxes on the raising of capital. OJ L 249 of 3.10.1969,
     p. 25.
                                                                             (1 ) OJ L 127 of 9.5.2001, p. 38.
Action brought on 9 October 2002 by the Commission of
the European Communities against the Hellenic Republic
                                                                             Action brought on 14 October 2002 by the Commission
                                                                             of the European Communities against the Hellenic Repub-
                          (Case C-364/02)                                                                      lic
                          (2002/C 289/31)                                                             (Case C-369/02)
                                                                                                      (2002/C 289/32)
An action against the Hellenic Republic was brought before
the Court of Justice of the European Communities on 9 Octo-
ber 2002 by the Commission of the European Communities,
represented by Maria Kondou-Durande, Legal Adviser in its                    An action against the Hellenic Republic was brought before
Legal Service.                                                               the Court of Justice of the European Communities on 14 Octo-
                                                                             ber 2002 by the Commission of the European Communities,
                                                                             represented by Maria Kondou-Durande, Legal Adviser in its
The Commission claims that the Court should:                                 Legal Service.
—      declare that, by failing to adopt the laws, regulations
       and administrative provisions necessary to comply with                The Commission claims that the Court should:
       Commission Directive 2001/32/EC (1) of 8 May 2001
       recognising protected zones exposed to particular plant
                                                                             —     declare that, by failing to adopt within the time-limit laid
       health risks in the Community and repealing Directive
                                                                                   down the laws, regulations and administrative provisions
       92/76/EEC, the Hellenic Republic has failed to fulfil its
                                                                                   necessary to comply with Commission Directive 2001/
       obligations under Article 3(1) of that directive;
                                                                                   33/EC ( 1) of 8 May 2001 amending certain annexes to
                                                                                   Council Directive 2000/29/EC on protective measures
—      order the Hellenic Republic to pay the costs.                               against the introduction into the Community of organ-
                                                                                   isms harmful to plants or plant products and against their
                                                                                   spread within the Community, the Hellenic Republic has
                                                                                   failed to fulfil its obligations under Article 2 of that
Pleas in law and main arguments                                                    directive;
                                                                             —     order the Hellenic Republic to pay the costs.
In accordance with the third paragraph of Article 249 EC,
directives are binding, as to the result to be achieved, upon
each Member State to which they are addressed.
                                                                             Pleas in law and main arguments
Under the first paragraph of Article 10 EC, Member States are
to take all appropriate measures, whether general or particular,
to ensure fulfilment of the obligations arising out of the Treaty            In accordance with the third paragraph of Article 249 EC,
or resulting from action taken by the institutions of the                    directives are binding, as to the result to be achieved, upon
Community.                                                                   each Member State to which they are addressed.
 ---pagebreak--- 23.11.2002             EN                    Official Journal of the European Communities                                   C 289/19
Under the first paragraph of Article 10 EC, Member States are                   Removal from the register of Case C-335/01 ( 1)
to take all appropriate measures, whether general or particular,
to ensure fulfilment of the obligations arising out of the Treaty
or resulting from action taken by the institutions of the                                        (2002/C 289/35)
Community.
It is not disputed by the Hellenic Republic that it must adopt
                                                                        By order of 23 September 2002 the President of the Court of
measures to comply with the abovementioned directive.
                                                                        Justice of the European Communities ordered the removal
                                                                        from the register of Case C-335/01: Commission of the
                                                                        European Communities v French Republic.
The Commission records that until now the Hellenic Republic
has not adopted the appropriate measures for the full incorpor-
ation of the directive into Greek law.
                                                                        (1 ) OJ C 317 of 10.11.2001.
( 1) OJ L 127 of 9.5.2001, p. 42.
                                                                                Removal from the register of Case C-43/02 (1)
      Removal from the register of Case C-141/01 P        (1)
                                                                                                 (2002/C 289/36)
                         (2002/C 289/33)
                                                                        By order of 29 August 2002 the President of the Court of
By order of 24 July 2002 the President of the Court of Justice
                                                                        Justice of the European Communities ordered the removal
of the European Communities ordered the removal from                    from the register of Case C-43/02 (Referral for a preliminary
the register of Case C-141/01 P: Confederazione Generale                ruling by the Landgericht Stuttgart): Landesbausparkasse
dell’Industria Italiana (Confindustria) and Others v Com-
                                                                        Baden-Württemberg v Elisabeth Huttenlocher.
mission of the European Communities.
( 1) OJ C 186 of 30.6.2001.                                             (1 ) OJ C 109 of 4.5.2002.
        Removal from the register of Case C-295/01 ( 1)
                                                                                Removal from the register of Case C-59/02 (1)
                         (2002/C 289/34)
                                                                                                 (2002/C 289/37)
By order of 24 July 2002 the President of the Court of Justice
of the European Communities ordered the removal from the
                                                                        By order of 12 July 2002 the President of the Court of Justice
register of Case C-295/01 (Referral for a preliminary ruling by         of the European Communities ordered the removal from
the Giudice di pace di Casale Monferrato): Fontaneto Industria          the register of Case C-59/02: Commission of the European
Alimentare Srl v ASL No 21 — Dipartimento di Prevenzione                Communities v Hellenic Republic.
Servizio Igiene Alimenti e Nutrizione.
( 1) OJ C 289 of 13.10.2001.                                            (1 ) OJ C 97 of 20.4.2002.