CELEX: C1998/055/27
Language: en
Date: 1998-02-20 00:00:00
Title: Action brought on 11 November 1997 by the Commission of the European Communities against the Hellenic Republic (Case C-385/97)

20.2.98               EN                 Official Journal of the European Communities                                     C 55/15
2. On a proper construction of the Combined                         The Commission notes that the Hellenic Republic has not
     Nomenclature, as established by Annex I to                     yet adopted the appropriate measures to incorporate the
     Commission Regulation (EEC) No 2551/93 of                      directives at issue fully into the Greek legal order.
     10 August 1993 amending Annex I to Council
     Regulation (EEC) No 2658/87 on the tariff and                  (1) OJ L 340, 31.12.1993, p. 15.
     statistical nomenclature and on the Common Customs             (2) OJ L 32, 5.2.1985, p. 14.
     Tariff, such goods are to be classified under the              (3) OJ L 315, 8.12.1994, p. 18.
     heading which occurs last in numerical order, namely           (4) OJ L 26, 31.1.1977, p. 67.
     subheading 6212 10 00.
(1) OJ C 145, 18.5.1996.
                                                                    Action brought on 19 November 1997 by Glasoltherm
                                                                    Sarl against the Commission of the European
                                                                                              Communities
Action brought on 11 November 1997 by the Commission                                        (Case C-399/97)
of the European Communities against the Hellenic
                           Republic                                                           (98/C 55/28)
                       (Case C-385/97)
                         (98/C 55/27)                               An action against the Commission of the European
                                                                    Communities was brought before the Court of Justice of
                                                                    the European Communities on 19 November 1997 by
An action against the Hellenic Republic was brought                 Glasoltherm Sarl, represented by Mr Penciolelli, lawyer, of
before the Court of Justice of the European Communities             18 Avenue de la LibeÂration, 91130 Ris Orangis (France).
on 11 November 1997 by the Commission of the
European Communities, represented by Maria Kondou-
Durande, of its Legal Service, with an address for service          Glasoltherm Sarl claims that the Court should:
in Luxembourg at the office of Carlos Gómez de la Cruz,
of its Legal Service, Wagner Centre, Kirchberg.                     Ð order the Commission of the European Communities
                                                                        to support by all means, including the provision of
The applicant claims that the Court should:                             financial assistance, over a period of 10 years from the
                                                                        date of entry into industrial service of the two
Ð declare that, by failing to adopt within the time-limit               demonstration operations referred to, the action taken
     laid down the laws, regulations and administrative                 by a commercial company formed by Glasoltherm Sarl
     provisions necessary in order to comply with:                      to market Glasoltherm thermoelectric micro-heating
                                                                        technology in the European Community,
     Ð Council Directive 93/118/EC (1) of 22 December
         1993 amending Directive 85/73/EEC (2) on the               Ð order the Commission of the European Communities
         financing of health inspections and controls of                to pay the costs.
         fresh meat and poultrymeat, and
     Ð Commission Directive 94/59/EC (3) of 2 December              Pleas in law and main arguments adduced in support:
         1994 amending for the third time the Annexes
         to Council Directive 77/96/EEC (4) on the                  The pleas in law and main arguments are the same as in
         examination for trichinae (trichinella spiralis) upon      Case C-388/96 (1).
         importation from third countries of fresh meat
         derived from domestic swine,
                                                                    (1) OJ C 40, 8.2.1997, p. 11.
                                                                        OJ C 295, 27.9.1997, p. 9.
         the Hellenic Republic has failed to fulfil its
         obligations under the Treaty and those Directives,
Ð order the Hellenic Republic to pay the costs.
Pleas in law and main arguments adduced in support:
                                                                    Action brought on 4 December 1997 by the Commission
                                                                    of the European Communities against the Kingdom of the
Under the third paragraph of Article 189 of the EC Treaty,                                    Netherlands
directives are binding, as to the result to be achieved,
upon each Member State to which they are addressed.                                         (Case C-408/97)
Under the first paragraph of Article 5 of the Treaty,                                         (98/C 55/29)
Member States are to take all appropriate measures,
whether general or particular, to ensure fulfilment of the
obligations arising out of the Treaty or resulting from             An action against the Kingdom of the Netherlands was
actions taken by the institutions of the Community.                 brought before the Court of Justice of the European