CELEX: C2002/084/38
Language: en
Date: 2002-04-06 00:00:00
Title: Judgment of the Court (Fourth Chamber) of 6 December 2001 in Case C-166/00: Commission of the European Communities v Hellenic Republic (Failure by a Member State to fulfil its obligations — Failure to transpose Directives 97/41/EC, 98/51/EC and 98/67/EC)

C 84/24                  EN                     Official Journal of the European Communities                                           6.4.2002
—     Council Directive 97/76/EC of 16 December 1997                       G. Kanellopoulos, C. Tsiavou and D. Tsagkaraki) — application
      amending Directive 77/99/EEC and Directive 72/462/EEC                for a declaration that, by not bringing into force the laws,
      with regard to the rules applicable to minced meat, meat             regulations and administrative provisions necessary to comply
      preparations and certain other products of animal origin             with:
      (OJ 1998 L 10, p. 25), and
—     Commission Directive 98/51/EC of 9 July 1998 laying
      down certain measures for implementing Council Direc-                —     Council Directive 97/41/EC of 25 June 1997 amending
      tive 95/69/EC laying down the conditions and arrange-                      Directives 76/895/EEC, 86/362/EEC, 86/363/EEC and
      ments for approving and registering certain establish-                     90/642/EEC relating to the fixing of maximum levels for
      ments and intermediaries operating in the animal feed                      pesticide residues in and on, respectively, fruit and
      sector (OJ 1998 L 208, p. 43),                                             vegetables, cereals, foodstuffs of animal origin, and certain
                                                                                 products of plant origin, including fruit and vegetables
the Italian Republic has failed to fulfil its obligations under the              (OJ 1997 L 184, p. 33),
Treaty and those directives — the Court (Fourth Chamber),
composed of: S. von Bahr, President of the Chamber, A. La
Pergola and C.W.A. Timmermans (Rapporteur), Judges; P. Lé-
ger, Advocate General; R. Grass, Registrar, has given a                    —     Council Directive 97/76/EC of 16 December 1997
judgment on 6 December 2001, in which it:                                        amending Directive 77/99/EEC and Directive 72/462/EEC
                                                                                 with regard to the rules applicable to minced meat, meat
1.    Declares that, by not bringing into force, within the prescribed           preparations and certain other products of animal origin
      period, the laws, regulations and administrative provisions                (OJ 1998 L 10, p. 25),
      necessary to comply with Commission Directive 98/51/EC of
      9 July 1998 laying down certain measures for implementing
      Council Directive 95/69/EC laying down the conditions and
      arrangements for approving and registering certain establish-        —     Commission Directive 98/51/EC of 9 July 1998 laying
      ments and intermediaries operating in the animal feed sector,              down certain measures for implementing Council Direc-
      the Italian Republic has failed to fulfil its obligations under            tive 95/69/EC laying down the conditions and arrange-
      that directive.                                                            ments for approving and registering certain establish-
                                                                                 ments and intermediaries operating in the animal feed
2.    Orders the Italian Republic to pay the costs.                              sector (OJ 1998 L 208, p. 43), and
(1) OJ C 176 of 24.6.2000.
                                                                           —     Commission Directive 98/67/EC of 7 September 1998
                                                                                 amending         Directives      80/511/EEC,      82/475/EEC,
                                                                                 91/357/EEC and Council Directive 96/25/EC and
                                                                                 repealing Directive 92/87/EEC (OJ 1998 L 261, p. 10),
                  JUDGMENT OF THE COURT
                                                                           within the periods laid down by those directives, the Hellenic
                         (Fourth Chamber)                                  Republic has failed to fulfil its obligations under the said
                                                                           directives — the Court (Fourth Chamber), composed of:
                                                                           S. von Bahr, President of the Chamber, A. La Pergola and
                        of 6 December 2001                                 C.W.A. Timmermans (Rapporteur), Judges; P. Léger, Advocate
                                                                           General; R. Grass, Registrar, has given a judgment on 6 Decem-
in Case C-166/00: Commission of the European Communi-                      ber 2001, in which it:
                    ties v Hellenic Republic (1)
(Failure by a Member State to fulfil its obligations — Failure
to transpose Directives 97/41/EC, 98/51/EC and 98/67/EC)
                                                                           1.    Declares that, by not bringing into force, within the prescribed
                                                                                 period, the laws, regulations and administrative provisions
                           (2002/C 84/38)                                        necessary to comply with:
                      (Language of the case: Greek)
(Provisional translation; the definitive translation will be published           —     Council Directive 97/41/EC of 25 June 1997 amending
                    in the European Court Reports)                                     Directives 76/895/EEC, 86/362/EEC, 86/363/EEC
                                                                                       and 90/642/EEC relating to the fixing of maximum
                                                                                       levels for pesticide residues in and on, respectively, fruit
                                                                                       and vegetables, cereals, foodstuffs of animal origin, and
In Case C-166/00: Commission of the European Communities                               certain products of plant origin, including fruit and
(Agent: M. Condou-Durande) v Hellenic Republic (Agents:                                vegetables,
 ---pagebreak--- 6.4.2002                 EN                     Official Journal of the European Communities                                            C 84/25
      —     Commission Directive 98/51/EC of 9 July 1998 laying            D.A.O. Edward, A. La Pergola and M. Wathelet, Judges,
            down certain measures for implementing Council Directive       Advocate General: L.A. Geelhoed, Registrar: H.A. Rühl, Princi-
            95/69/EC laying down the conditions and arrangements           pal Administrator, has given a judgment on 24 January 2002,
            for approving and registering certain establishments and       in which it:
            intermediaries operating in the animal feed sector, and
                                                                           1.    Dismisses the action;
      —     Commission Directive 98/67/EC of 7 September 1998
            amending Directives 80/511/EEC, 82/475/EEC,                    2.    Orders the Republic of Finland to pay the costs.
            91/357/EEC and Council Directive 96/25/EC and
            repealing Directive 92/87/EEC,
                                                                           (1) OJ C 247 of 26.8.2000.
      the Hellenic Republic has failed to fulfil its obligations under
      those Directives.
2.    Orders the Hellenic Republic to pay the costs.
                                                                                            JUDGMENT OF THE COURT
(1) OJ C 192 of 8.7.2000.
                                                                                                     (First Chamber)
                                                                                                    15 January 2002
                                                                           in Case C-179/00 (Reference for a preliminary ruling
                                                                           from the Verwaltungsgerichtshof): Gerald Weidacher (as
                  JUDGMENT OF THE COURT                                    administrator of the insolvent company Thakis Vertriebs-
                                                                           und Handels GmbH) v Bundesminister für Land- und
                                                                                                   Forstwirtschaft (1)
                           (Fifth Chamber)
                                                                           (Article 149 of the Act of Accession of Austria, Finland and
                          24 January 2002                                  Sweden — Transitional measures — Surplus stocks —
                                                                           Article 4 of Commission Regulation (EC) No 3108/94 —
                                                                           Competence — Holder of the goods — Import charge
in Case C-170/00: Republic of Finland v Commission of                      applicable — Legitimate expectations — Proportionality —
                  the European Communities (1)                                                      Equal treatment)
(EAGGF — Clearance of accounts — Expenditure for                                                      (2002/C 84/40)
1996 and 1997 — Special premiums for bulls — Procedure
                to be followed by the Commission)                                             (Language of the case: German)
                            (2002/C 84/39)                                 (Provisional translation; the definitive translation will be published
                                                                                              in the European Court Reports)
                    (Language of the case: Finnish)
                                                                           In Case C-179/00: reference to the Court under Article 234
(Provisional translation; the definitive translation will be published     EC by the Verwaltungsgerichtshof (Austria) for a preliminary
                    in the European Court Reports)                         ruling in the proceedings pending before that court between
                                                                           Gerald Weidacher (as administrator of the insolvent company
                                                                           Thakis Vertriebs- und Handels GmbH) and Bundesminister für
                                                                           Land- und Forstwirtschaft on the interpretation of
In Case C-170/00, Republic of Finland (Agents: T. Pynnä and                Article 149(1) of the Act of Accession of the Republic of
E. Bygglin) v Commission of the European Communities                       Austria, the Republic of Finland and the Kingdom of Sweden
(Agents: M. Niejahr and I. Koskinen): Application for partial              and the adjustments to the Treaties on which the European
annulment of Commission Decision 2000/216/EC of 1 March                    Union is founded (OJ 1994 C 241, p. 21, and OJ 1995 L 1,
2000 excluding from Community financing certain expendi-                   p. 1) and on the validity and interpretation of Commission
ture incurred by the Member States under the Guarantee                     Regulation (EC) No 3108/94 of 19 December 1994 on
Section of the European Agricultural Guidance and Guarantee                transitional measures to be adopted on account of the
Fund (EAGGF) (OJ 2000 L 67, p. 37), in so far as it excludes               accession of Austria, Finland and Sweden in respect of trade in
from Community financing the sum of FIM 7 270 885,76                       agricultural products (OJ 1994 L 328, p. 42),the Court (First
incurred in the applicant Member State on advance payment                  Chamber), composed of: P. Jann, President of the Chamber,
of special premiums for bulls, for the 1996 and 1997                       L. Sevón and M. Wathelet (Rapporteur), Judges, Advocate
marketing years, the Court (Fifth Chamber), composed of:                   General: J. Mischo, Registrar: R. Grass, has given a judgment
P. Jann (Rapporteur), President of the Chamber, S. von Bahr,               on 15 January 2002, in which it has ruled: