CELEX: C2002/305/24
Language: en
Date: 2002-12-07 00:00:00
Title: Case C-362/02: Reference for a preliminary ruling by the Diikitiko Efetio, Piraeus by judgment of that Court of 28 June 2002 in the case of Ellenikon Dimosion against Konstantinos Diamantakis

C 305/14               EN                   Official Journal of the European Communities                                        7.12.2002
Reference for a preliminary ruling by the Diikitiko Efetio,            The question in this case is identical to the question in Case
Piraeus by judgment of that Court of 28 June 2002 in the               C-361/02.
    case of Ellenikon Dimosion against Nikolaos Tsapalos
                         (Case C-361/02)
                         (2002/C 305/23)
                                                                       Action brought on 9 October 2002 by the Commission
                                                                       of the European Communities against the Portuguese
Reference has been made to the Court of Justice of the
                                                                                                      Republic
European Communities by order of the Diikitiko Efetio
(Administrative Court of Appeal), Piraeus of 28 June 2002,
received at the Court Registry on 8 October 2002, for a                                          (Case C-363/02)
preliminary ruling in the case of Ellenikon Dimosion (Greek
State) against Nikolaos Tsapalos on the following question:
                                                                                                 (2002/C 305/25)
Is Article 1 of  Council Directive 76/308/EEC (1) to be interpret-
ed as meaning that the provisions of the directive also cover
claims which arose in a Member State before entry into force
of the directive under a document whose issuance by the                An action against the Portuguese Republic was brought
competent authorities of that State also predated entry into           before the Court of Justice of the European Communities
force of the directive, such as the document issued by the             on 9 October 2002 by the Commission of the European
Italian authorities in the present case and that, accordingly,         Communities, represented by António Caeiros, acting as
following the entry into force of the directive, the end of the        Agent, with an address for service in Luxembourg.
relevant transitional period and compliance by the other
Member States with the duty to enact the provisions required
for application of the directive, recovery may henceforth lie,
on request to the competent authority by the applicant                 The applicant claims that the Court should:
authority as mentioned in Article 3 of the directive, in respect
of pending claims for which recovery had not hitherto been             —     Declare that, by failing to adopt and bring into force
available in the other Member State?                                         within the prescribed period the laws, regulations and
                                                                             administrative provisions necessary to comply with Com-
                                                                             mission Directive 2001/8/EC of 8 February 2001 replac-
( 1) OJ L 73 of 19.3.1976.                                                   ing Annex I to Council Directive 92/109/EEC on the
                                                                             manufacture and placing on the market of certain sub-
                                                                             stances used in the illicit manufacture of narcotic drugs
                                                                             and psychotropic substances ( 1), the Portuguese Republic
                                                                             has failed to fulfil its obligations under Article 2(1) of the
                                                                             directive;
                                                                       —     In the alternative, declare that, by failing to inform the
Reference for a preliminary ruling by the Diikitiko Efetio,                  Commission of such provisions, the Portuguese Republic
Piraeus by judgment of that Court of 28 June 2002 in                         failed to fulfil its obligations under Article 2(1) of the
the case of Ellenikon Dimosion against Konstantinos                          directive;
                           Diamantakis
                                                                       —     Order the Portuguese Republic to pay the costs.
                         (Case C-362/02)
                         (2002/C 305/24)                               Pleas in law and main arguments
                                                                       The period prescribed for transposition expired on 1 March
Reference has been made to the Court of Justice of the                 2001.
European Communities by order of the Diikitiko Efetio
(Administrative Court of Appeal), Piraeus of 28 June 2002,
received at the Court Registry on 8 October 2002, for a                (1 ) OJ 2001 L 39, p. 31.
preliminary ruling in the case of Ellenikon Dimosion (Greek
State) against Konstantinos Diamantakis on the following
question: