CELEX: C2003/112/36
Language: en
Date: 2003-05-10 00:00:00
Title: Case C-137/03: Action brought on 26 March 2003 by the Commission of the European Communities against the Hellenic Republic

10.5.2003              EN                       Official Journal of the European Union                                          C 112/21
Action brought on 26 March 2003 by the Commission of                    Action brought on 31 March 2003 by the Commission
the European Communities against the Hellenic Republic                  of the European Communities against the Republic of
                                                                                                       Austria
                         (Case C-137/03)
                                                                                                 (Case C-147/03)
                         (2003/C 112/36)
                                                                                                 (2003/C 112/37)
An action against the Hellenic Republic was brought before
the Court of Justice of the European Communities on 26 March
2003 by the Commission of the European Communities,                     An action against the Republic of Austria was brought before
represented by M. Kondou-Durande, of its Legal Service.                 the Court of Justice of the European Communities on 31 March
                                                                        2003 by the Commission of the European Communities,
                                                                        represented by Denis Martin, of its Legal Service, with an
The Commission claims that the Court should:                            address for service in Luxembourg.
—     declare that, by failing to adopt the laws, regulations
      and administrative provisions necessary to comply with            The applicant claims that the Court should:
      Directive 2000/77/EC ( 1) of the European Parliament and
      of the Council of 14 December 2000 amending Council
      Directive 95/53/EC fixing the principles governing the            1.    declare that, by failing to adopt the necessary measures
      organisation of official inspections in the field of animal             to ensure that holders of secondary school leaving
      nutrition, the Hellenic Republic has failed to fulfil its               examination certificates obtained in other Member States
      obligations under the Treaty and that Directive;                        have access to higher or university education in Austria
                                                                              on the same conditions as holders of leaving examination
                                                                              certificates obtained in Austria, the Republic of Austria
—     order the Hellenic Republic to pay the costs.                           has failed to fulfil its obligations under Articles 12, 149
                                                                              and 150 EC;
                                                                        2.    order the Republic of Austria to pay the costs.
Pleas in law and main arguments
Under the third paragraph of Article 249 of the Treaty
establishing the European Community, a directive is to be               Pleas in law and main arguments
binding, as to the result to be achieved, upon each Member
State to which it is addressed.
                                                                        The effect of the rules governing admission to the Austrian
                                                                        system of higher or university education is that holders of
Under the first paragraph of Article 10 EC, Member States are           secondary school leaving examination certificates obtained in
to take all appropriate measures, whether general or particular,        other Member States must demonstrate, not only that they
to ensure fulfilment of the obligations arising out of that             satisfy the general conditions for admission to higher or
Treaty or resulting from action taken by the institutions of the
                                                                        university education, but also that they fulfil the specific
Community.                                                              conditions for direct access to their chosen subject which have
                                                                        been laid down by the Member State of issue of those leaving
                                                                        examination certificates. Such rules are contrary to Articles 12,
The Hellenic Republic does not dispute the fact that it must            149 and 150 EC. Firstly, as is not disputed, the admission of
take measures to comply with the above Directive.                       holders of leaving examination certificates obtained in other
                                                                        Member States to certain fields of study at Austrian higher-
                                                                        education colleges or universities is made subject to a condition
The Commission notes that the Hellenic Republic has not yet             which does not apply to holders of leaving examination
taken the appropriate measures to incorporate the directive in          certificates obtained in Austria. Secondly, by referring to
question fully into the Greek legal order.                              the legal requirements governing admission to higher and
                                                                        university education which are applicable in the State of origin,
                                                                        those rules lead to discrimination against nationals of other
( 1) OJ L 333 of 29.12.2000, p. 81.
                                                                        Member States.