CELEX: C1996/370/08
Language: en
Date: 1996-12-07 00:00:00
Title: Action brought on 8 October 1996 by the Commission of the European Communities against the Hellenic Republic (Case C-329/96)

No C 370/4           I EN                     Official Journal of the European Communities                                     7 . 12 . 96
Reference for a preliminary ruling by the Tribunale di                   Action brought on 8 October 1996 by the Commission of
Genova by order of that court of 26 September 1996 in the                   the European Communities against the Hellenic Republic
case of Ente Autonoma Fiera Internazionale di Genova
                                                                                                    Case C-330/96
against Ministero delle Finanze dello Stato/Ispettorato
        Compartimentale Monopoli di Stato di Genova                                                  ( 96/C 370/09 )
                            ( Case C-327/96 )
                              ( 96/C 370/07 )
                                                                         An action against the Hellenic Republic was brought before
                                                                         the Court of Justice on 8 October 1996 by the Commission
Reference has been made to the Court of Justice of the                   of the European Communities, represented by Maria
European Communities by order of the Tribunale di                        Kondou-Durande, of its Legal Service, with an address for
Genova ( Genoa District Court) of 26 September 1996 ,                    service in Luxembourg at the office of Carlos Gomez de la
received at the Court Registry on 3 October 1996 , for a                 Cruz, also of the Commission's Legal Service, Wagner
preliminary ruling in the case of Ente Autonoma Fiera                    Centre, Kirchberg.
Internazionale di Genova against Ministero delle Finanze
dello Stato/Ispettorato Compartimentale Monopoli di Stato
di Genova on the question of the interpretation of                       The applicant claims that the Court should declare that, by
Articles 86, 3 , 5 , 30 and 52 of the Treaty in relation to              failing to adopt or, in the alternative , to communicate to the
Article 15 of the Schedule of Requirements for premises for              Commission, within the period prescribed, the laws,
the retail sale of monopoly goods in so far as it imposes on             regulations or administrative provisions necessary to
                                                                         comply with Commission Directive 91 /244/EEC 0 ) of
retailers a positive obligation, supported by appropriate
                                                                         6 March 1991 amending Council Directive 79/409/EEC on
penalties, to promote domestically produced fine tobacco
and not to engage in, or allow, advertising for foreign                  the conservation of wild birds, the Hellenic Republic is in
product brands and tobaccos, whether from inside or                      breach of its obligations under the Treaty and that
                                                                         Directive .
outside the Community.
                                                                         Pleas in law and main arguments adduced in support:
                                                                         The period within which the Member States were to
Action brought on 8 October 1996 by the Commission of
   the European Communities against the Hellenic Republic                comply with the provisions of the Directive expired on
                                                                         31 July 1994 . The Commission notes that the Hellenic
                            ( Case C-329/96 )                            Republic has still not complied with the Directive .
                              ( 96/C 370/08 )
                                                                         f 1 ) OJNoL115 , 8 . 5 . 1991 , p . 41 .
An action against the Hellenic Republic was brought before
the Court of Justice on 8 October 1996 by the Commission
of the European Communities, represented by Maria
Kondou-Durande, of its Legal Service, with an address for
service in Luxembourg at the office of Carlos Gomez de la                Action brought on 8 October 1996 by the Commission of
Cruz, also of the Commission's Legal Service, Wagner                        the European Communities against the Hellenic Republic
Centre, Kirchberg.
                                                                                                   ( Case C-331/96 )
The applicant claims that the Court should declare that, by                                          ( 96/C 370/ 10 )
failing to adopt or, in the alternative, to communicate to the
Commission, within the period prescribed, the laws,
regulations or administrative provisions necessary to                    An action against the Hellenic Republic was brought before
comply with Council Directive 92/43/EEC (!) of 21 May                    the Court of Justice on 8 October 199 6 by the Commission
 1992 on the conservation of natural habitats and of wild                of the European Communities, represented by Maria
fauna and flora, the Hellenic Republic is in breach of its               Kondou-Durande, of its Legal Service, with an address for
obligations under the Treaty and that Directive .                        service in Luxembourg at the office of Carlos Gomez de la
                                                                          Cruz, also of the Commission 's Legal Service, Wagner
Pleas in law and main arguments adduced in support:                       Centre, Kirchberg.
The period within which the Member States were to                        The applicant claims that the Court should declare that, by
comply with the provisions of the Directive expired on                    failing to adopt or, in the alternative, to communicate to the
 5 June 1992 . The Commission notes that the Hellenic                     Commission, within the period prescribed, the laws,
Republic has still not complied with the Directive.                       regulations or administrative provisions necessary to
                                                                          comply with Council Directive 92/72/EEC of 21 September
 (!) OJ No L 206 , 22 . 7 . 1992, p . 7.                                  1992 on air pollution by ozone f 1 ), the Hellenic Republic is
                                                                          in breach of its obligations under the Treaty and that
                                                                          Directive .