CELEX: C2002/261/14
Language: en
Date: 2002-10-26 00:00:00
Title: Case C-325/02: Action brought on 16 September 2002 by Commission of the European Communities against Grand Duchy of Luxembourg

26.10.2002             EN                    Official Journal of the European Communities                                        C 261/9
2.    order Ireland to pay the costs.                                   The applicant claims that the Court should:
                                                                        —     Declare that, by restricting itself to transposing part of
                                                                              Article 1 of and Annexes IV and V of Council Directive
                                                                              98/81/EC of 26 October 1998 on the contained use of
Pleas in law and main arguments                                               genetically modified micro-organisms ( 1) or, in any event,
                                                                              by failing to communicate other implementing measures
The Commission submits that:                                                  to the Commission, the Grand Duchy of Luxembourg has
                                                                              failed to fulfil its obligations under Article 2 of that
                                                                              directive;
—     Ireland has infringed Article 9(2) of Regulation 3760/92
      by failing to put in place appropriate detailed rules for
      proper utilisation of the quota allocated to it. The rules        —     Order the Grand Duchy of Luxembourg to pay the costs.
      should have been such as to enable Ireland to ensure that
      overfishing did not take place and that quotas were
      always respected;
                                                                        Pleas in law and main arguments
—     Ireland did not ensure compliance with Community rules
      on control, contrary to Article 2 of Regulation 2847/93;
                                                                        Under Article 249 of the EC Treaty, according to which a
—     Ireland did not respect its obligation under Article 21 of        directive is to be binding, as to the result to be achieved, upon
      Regulation 2847/93 to prohibit fishery provisionally              each Member State to which it is addressed, Member States are
      when the quota allocated to it was deemed to have been            required to observe the time-limits laid down in directives for
      exhausted;                                                        their transposition.
—     by failing to institute criminal or administrative proceed-
      ings against the skipper or any other party responsible           The Commission finds that, despite the prescribed time-limit
      for preventing overfishing Ireland has not complied in            having expired, the Grand Duchy of Luxembourg has carried
      full with the obligations imposed by Article 31 of                out only a partial transposition of the directive referred to in
      Regulation 2847/93.                                               the Commission’s pleadings, restricted to part of Article 1
                                                                        thereof and Annexes IV and V thereto.
( 1) OJ L 389, 31.12.1992, p. 1.
( 2) OJ L 261, 20.10.1993, p. 1.
                                                                        (1 ) OJ 1998 L 330, p. 13.
Action brought on 16 September 2002 by Commission                       Action brought on 18 September 2002 by the Com-
of the European Communities against Grand Duchy of                      mission of the European Communities against the
                           Luxembourg                                                           Hellenic Republic
                         (Case C-325/02)                                                         (Case C-328/02)
                         (2002/C 261/14)                                                         (2002/C 261/15)
An action against the Grand Duchy of Luxembourg was                     An action against the Hellenic Republic was brought before
brought before the Court of Justice of the European Communi-            the Court of Justice of the European Communities on 11 Sep-
ties on 16 September 2002 by the Commission of the                      tember 2002 by the Commission of the European Communi-
European Communities, represented by U. Wölker and                      ties, represented by Maria Kondou-Durande, Legal Adviser in
F. Simonetti, acting as Agents.                                         its Legal Service, with an address for service in Luxembourg.