CELEX: C1995/315/18
Language: en
Date: 1995-11-25 00:00:00
Title: Action brought on 2 October 1995 by the Commission of the European Communities against the Hellenic Republic (Case C-311/95)

No C 315/ 10            EN                    Official Journal of the European Communities                                    25 . 11 . 95
      the Treaty: the low production of table wine in the                 Directive 92/50/EEC ( ) of 18 June 1992 relating to the
      Community in the 1994/95 wine-growing year has led to               coordination of procedures for the award of public service
      a market situation which is generally satisfactory and , in         contracts into its national law .
      particular, to quite favourable prices, which should raise
      the income of wine growers . As regards the attempts on             (') OJ No L 209 , 24 . 7 . 1992 , p . 1 .
      the part of French wine growers to curtail the
      production of table wine, the Commission points out
      that those attempts have been supported by the
      Community, in particular through the measures laid
      down by Council Directive 78/627/EEC ( ] ) on the
      programme to accelerate the restructuring and
      conversion of vineyards in certain Mediterranean
      regions in France and those laid down by Council                   Action brought on 3 October 1995 by the Commission of
      Regulation ( EEC ) No 458/80 ( 2 ) on collective projects          the European Communities against the Grand Duchy of
      for the restructuring of vineyards .                                                            Luxembourg
                                                                                                   ( Case C-3 12/95 )
— Insufficient and erroneous statement of reasons .                                                  ( 95/C 315/ 19 )
(') OJ No L 206 , 29 . 7 . 1978 , p . 1 .                                An action against the Grand Duchy of Luxembourg was
( 2 ) OJ No L 57, 29 . 2 . 1980 , p . 27 .                               brought before the Court of Justice of the European
                                                                         Communities on 3 October 1995 by the Commission of the
                                                                         European Communities, represented by Frank Benyon,
                                                                         Legal Adviser, acting as Agent, with an address for service in
                                                                         Luxembourg at the office of Carlos Gomez de la Cruz,
                                                                         Wagner Centre , Kirchberg.
                                                                         The Commission of the European Communities claims that
Action brought on 2 October 1995 by the Commission of                    the Court should :
the European Communities against the Hellenic Republic
                          ( Case C-3 11 /95 )
                                                                          1 . Declare that, by failing within the prescribed period
                            ( 95/C 315/18 )                                    to adopt all the measures necessary in order to comply
                                                                               with Council Directives 90/219/EEC of 23 April 1990
                                                                               on the contained use of genetically modified
An action against the Hellenic Republic was brought before                     micro-organisms (') and 90/220/EEC of 23 April 1990
the Court of Justice on 2 October 1995 by the Commission                       on the deliberate release into the environment of
of the European Communities, represented by Dimitrios                          genetically modified organisms ( 2 ), the Grand Duchy of
Gouloussis , Legal Advisor, with an address for service in                     Luxembourg has failed to fulfil its obligations under
Luxembourg at the office of Carlos Gomez de la Cruz, of the                    Articles 22 and 23 of Directives 90/219/EEC and
Commission 's Legal Service, Wagner Centre, Kirchberg.                         90/220/EEC respectively and Articles 5 and 189 of the
                                                                               EC Treaty .
The applicant claims that the Court should :
                                                                        2 . Order the Grand Duchy of Luxembourg to pay the
                                                                               costs .
1 . Declare that, by failing to bring into force and, in the
      alternative, to communicate to the Commission, the
      laws , regulations and administrative provisions                  Pleas in law and main arguments adduced in support:
      necessary to comply fully with Council Directive
      92/50/EEC of 18 June 1992 relating to the coordination            The mandatory nature of the provisions of the third
      of procedures for the award of public service contracts ,         paragraph of Article 189 and of the first paragraph of
      the Hellenic Republic has failed to fulfil its obligations        Article 5 of the EC Treaty is such as to oblige Member States
      under the EC Treaty .                                             to whom directives are addressed to adopt the measures
                                                                        necessary for the implementation of such directives within
2 . Order the Hellenic Republic to pay the costs .                      the time limit prescribed therein . The time limit in question,
                                                                        as regards both the above Directives, expired on 23 October
                                                                         1991 but the Grand Duchy of Luxembourg has not adopted
Pleas in law and main arguments adduced in support:                     the necessary measures .
In this action for failure by a Member State to fulfil its               (') OJ No L 117 , 8 . 5 . 1990 , p . 1 .
Treaty obligations ( Article 169 of the EC Treaty), the                  ( 2 ) OJ No L 117, 8 . 5 . 1990 , p . 15 .
Commission complains that the Hellenic Republic has not
taken, and subsequently not communicated to the
Commission, the measures necessary to transpose Council