CELEX: C2002/017/14
Language: en
Date: 2002-01-19 00:00:00
Title: Case C-436/01: Action brought on 12 November 2001 by the Commission of the European Communities against the Kingdom of Belgium

19.1.2002                EN                    Official Journal of the European Communities                                         C 17/9
2.    order the Kingdom of Belgium to pay the costs.                      Pleas in law and main arguments
                                                                          The pleas in law and main arguments are analogous to those
                                                                          in Case C-435/01 (3); the time-limit prescribed in Article 2 of
Pleas in law and main arguments                                           Directive 98/81/EC expired on 5 June 2001.
                                                                          (1) OJ 1999 L 93, p. 27.
The binding nature of the third paragraph of Article 249 EC is            (2) OJ 1990 L 117, p. 1.
such as to require Member States to whom directives are                   (3) See page 8 of this Official Journal.
addressed to adopt the measures needed to comply with them
before the expiry of the time-limit prescribed in such directives.
The time-limit prescribed in Article 21(1) of Directive 96/61
expired on 30 October 1999 but the Kingdom of Belgium has
not adopted the requisite provisions.
(1) OJ 1996 L 257, p. 26.
                                                                          Action brought on 20 November 2001 by the Com-
                                                                          mission of the European Communities against the Hellen-
                                                                                                       ic Republic
                                                                                                    (Case C-450/01)
                                                                                                     (2002/C 17/15)
Action brought on 12 November 2001 by the Com-                            An action against the Hellenic Republic was brought before
mission of the European Communities against the                           the Court of Justice of the European Communities on 20 No-
                        Kingdom of Belgium                                vember 2001 by the Commission of the European Communi-
                                                                          ties, represented by Maria Kondou-Durande, Legal Adviser.
                          (Case C-436/01)
                                                                          The Commission claims that the Court should:
                           (2002/C 17/14)                                 —      declare that, by not adopting within the time-limit laid
                                                                                 down the laws, regulations and administrative provisions
                                                                                 necessary to comply with Commission Directive
                                                                                 1999/8/EC (1) of 18 February 1999 amending Council
                                                                                 Directive 66/402/EEC on the marketing of cereal seed,
An action against the Kingdom of Belgium was brought                             the Hellenic Republic has failed to fulfil its obligations
before the Court of Justice of the European Communities on                       under the Treaty and that directive;
12 November 2001 by the Commission of the European
Communities, represented by H. van Lier, acting as Agent.                 —      order the Hellenic Republic to pay the costs.
The applicant claims that the Court should:                               Pleas in law and main arguments
1.    declare that, by failing within the time-limits prescribed
      to adopt all the laws, regulations and administrative               In accordance with the third paragraph of Article 249 EC,
      provisions necessary to comply with Council Directive               directives are binding, as to the result to be achieved, upon
      98/81/EC (1) of 26 October 1998 amending Directive                  each Member State to which they are addressed.
      90/219/EEC (2) on the contained use of genetically modi-
      fied micro-organisms, or at any rate to notify the same to
      the Commission, the Kingdom of Belgium has failed to                Under the first paragraph of Article 10 EC, Member States are
      fulfil its obligations under that directive;                        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
2.    order the Kingdom of Belgium to pay the costs.                      Community.