CELEX: C2001/200/85
Language: en
Date: 2001-07-14 00:00:00
Title: Case C-183/01: Action brought on 27 April 2001 by the Commission of the European Communities against the Hellenic Republic

C 200/48              EN                    Official Journal of the European Communities                                     14.7.2001
22 March 2001, received at the Court Registry on 26 April              The Commission claims that the Court should:
2001, for a preliminary ruling in the case of Saatgut-
Treuhandverwaltungs GmbH against Werner Jäger on the                   —     declare that, by not adopting within the time-limits laid
following questions:                                                         down the laws, regulations and administrative provisions
                                                                             necessary to comply with Council Directive 96/51/EC (1)
1.   Can                                                                     of 23 July 1996 amending Directive 70/524/EEC con-
                                                                             cerning additives in feedingstuffs, the Hellenic Republic
     (a)   a limited company (GmbH) established under Ger-                   has failed to fulfil its obligations under the Treaty and
           man law be an ‘organisation of holders’ within the                that directive;
           meaning of Article 3(2) of Commission Regulation            —     order the Hellenic Republic to pay the costs.
           (EC) No 1768/95 (1) of 24 July 1995, and can
     (b) such a company invoke, pursuant to Article 3(2),
           the rights deriving from Article 3(1) of the above-         Pleas in law and main arguments
           mentioned regulation even in respect of holders
           who are not shareholders in it but members of an            In accordance with the third paragraph of Article 249 EC,
           association which is a shareholder, and can                 directives are binding, as to the result to be achieved, upon
                                                                       each Member State to which they are addressed.
     (c)   such a company invoke, pursuant to Article 3(2),
           the rights deriving from Article 3(1) of the above-
           mentioned regulation (for a consideration) even in          Under the first paragraph of Article 10 EC, Member States are
           respect of holders who are neither shareholders nor         to take all appropriate measures, whether general or particular,
           members of an association which is a shareholder?           to ensure fulfilment of the obligations arising out of the Treaty
                                                                       or resulting from action taken by the institutions of the
2.   Must the sixth indent of Article 14(3) of Council Regu-           Community.
     lation (EC) No 2100/94 of 27 July 1994 (2) , read in
     conjunction with Article 8 of Commission Regulation               It is not disputed by the Hellenic Republic that it must adopt
     (EC) No 1768/95, be interpreted as meaning that the               measures to comply with the abovementioned directive.
     holder of a plant variety right protected under Regulation
     No 2100/94 can request the information referred to
     in the abovementioned provisions from any farmer,                 The Commission records that until now the Hellenic Republic
     irrespective of whether or not there is any indication that       has not adopted the appropriate measures for the full incorpo-
     he has carried out an act of use in respect of the                ration of the directive at issue into Greek law.
     variety in question under Article 13(2) of Regulation
     No 2100/94, or at least otherwise used the variety in
     question on his holding?                                          (1) OJ L 235, 17.9.1996, p. 39.
(1) OJ L 173 of 25.7.1995, p. 14.
(2) OJ L 227 of 1.9.1994, p. 1.
                                                                       Appeal brought on 27 April 2001 by Peter Hirschfeldt
                                                                       against the judgment delivered on 13 February 2001 by
                                                                       the Fifth Chamber of the Court of First Instance of the
                                                                       European Communities in Case T-166/00 between Peter
                                                                           Hirschfeldt and the European Environment Agency
Action brought on 27 April 2001 by the Commission of
the European Communities against the Hellenic Republic                                        (Case C-184/01 P)
                        (Case C-183/01)                                                        (2001/C 200/86)
                        (2001/C 200/85)                                An appeal against the judgment delivered on 13 February
                                                                       2001 by the Fifth Chamber of the Court of First Instance of
                                                                       the European Communities in Case T-166/00 between Peter
An action against the Hellenic Republic was brought before             Hirschfeldt and the European Environment Agency was
the Court of Justice of the European Communities on 27 April           brought before the Court of Justice of the European Communi-
2001 by the Commission of the European Communities,                    ties on 27 April 2001 by Peter Hirschfeldt, represented by
represented by Maria Kondou-Durande, Commission Legal                  Jean-Noël Louis and Véronique Peere, of the Brussels Bar, with
Adviser.                                                               an address for service in Luxembourg.