CELEX: C2002/084/76
Language: en
Date: 2002-04-06 00:00:00
Title: Case C-466/01: Action brought on 4 December 2001 by the Commission of the European Communities against the Hellenic Republic

C 84/44                 EN                       Official Journal of the European Communities                                       6.4.2002
      (b) by excluding workers from third countries who are                 ber 2001 by the Commission of the European Communities,
            lawfully employed in a Member State from the right              represented by Maria Kondou-Durande, Legal Adviser.
            to stand for election to the works councils and
            general assemblies of chambers of workers, the
            Republic of Austria has failed to fulfil its obligations
            under the provisions of the Association Agreements
            concluded by the Community with such third                      The Commission claims that the Court should:
            countries, which prohibit discrimination against
            such workers;
                                                                            —     declare that, by not adopting within the time-limit laid
(2) order the Republic of Austria to pay the costs.                               down the laws, regulations and administrative provisions
                                                                                  necessary to comply with Council Directive
                                                                                  1999/89/EC (1) of 15 November 1999 amending Direc-
                                                                                  tive 91/494/EEC on animal health conditions governing
Pleas in law and main arguments:                                                  intra-Community trade in and imports from third
                                                                                  countries of fresh poultrymeat, the Hellenic Republic has
                                                                                  failed to fulfil its obligations under the Treaty and that
According to Article 39(2) EC, the right to freedom of                            directive;
movement within an EC Member State enjoyed by nationals of
other Member States entails the abolition of any discrimination
based on nationality between workers of the Member States as                —     order the Hellenic Republic to pay the costs.
regards employment, remuneration and other conditions of
work and employment. Article 28 of the EEA Agreement
contains analogous provisions. In addition, Article 8(1) of
Regulation (EEC) No 1612/68 on freedom of movement for
workers within the Community expressly confers on workers
from other Member States the ‘right of eligibility for workers’
representative bodies in the undertaking’. That wording                     Pleas in law and main arguments
includes within its ambit the right to elect, and to stand for
election to, workers’ representative bodies within a Member
State.
                                                                            In accordance with the third paragraph of Article 249 EC,
                                                                            directives are binding, as to the result to be achieved, upon
The Commission further argues that the notion of conditions
                                                                            each Member State to which they are addressed.
of work and employment as contained in the Association
Agreements and comparable agreements must be interpreted
as having the same meaning as in Article 39(2) EC and
Article 8 of Regulation (EEC) No 1612/68, according to which
it covers the exercise of rights of participation in management,            Under the first paragraph of Article 10 EC, Member States are
such as the right to vote and to stand as a candidate in works              to take all appropriate measures, whether general or particular,
council elections and elections to chambers of workers.                     to ensure fulfilment of the obligations arising out of the Treaty
                                                                            or resulting from action taken by the institutions of the
                                                                            Community.
(1) OJ, English Special Edition 1968 (II), p. 475.
                                                                            It is not disputed by the Hellenic Republic that it must adopt
                                                                            measures to comply with the abovementioned directive.
Action brought on 4 December 2001 by the Commission
of the European Communities against the Hellenic Repub-
                                                                            The Commission records that until now the Hellenic Republic
                                  lic
                                                                            has not adopted the appropriate measures for the full incorpor-
                                                                            ation of the directive at issue into Greek law.
                          (Case C-466/01)
                           (2002/C 84/76)
                                                                            (1) OJ No L 300, 23.11.1999, p. 17.
An action against the Hellenic Republic was brought before
the Court of Justice of the European Communities on 4 Decem-