CELEX: C1996/269/18
Language: en
Date: 1996-09-14 00:00:00
Title: Action brought on 1 July 1996 by the Commission of the European Communities against the Hellenic Republic (Case C-227/96)

14 . 9 . 96        1 EN                    Official Journal of the European Communities                                    No C 269/7
Action brought on 1 July 1996 by the Commission of the                      provisions necessary to comply with Council Directive
   European Communities against the Hellenic Republic                       92/65/EEC ( 1 ) of 13 July 1992 laying down animal
                        ( Case C-226/96 )                                   health requirements governing trade in and imports into
                                                                            the Community of animals, semen , ova and embryos not
                          ( 96/C 269/ 17
                                                                            subject to animal health requirements laid down in
                                                                            specific Community rules referred to in Annex A ( I ) to
An action against the Hellenic Republic was brought before                  Directive 90/425/EEC ( 2 ), the Hellenic Republic is in
the Court of Justice of the European Communities on 1 July                  breach of its obligations under the Treaty and that
1996 by the Commission of the European Communities,                         Directive ,
represented by Maria Kontou-Durande and Carmel
O'Reilly, of its Legal Service, with an address for service in
Luxembourg at the office of Carlos Gomez de la Cruz, also             — order the Hellenic Republic to pay the costs .
of the Commission 's Legal Service, Wagner Centre,
Kirchberg.
                                                                      Pleas in law and main arguments adduced in support:
The applicant claims that the Court should :
                                                                      Under the third paragraph of Article 189 of the Treaty
— declare that, by failing to adopt, or communicate to the            establishing the European Community, a directive is to be
     Commission, within the period prescribed, the laws,              binding, as to the result to be achieved, upon each Member
    regulations or administrative provisions necessary to             State to which it is addressed . Under the first paragraph of
    comply with Council Directive 90/314/EEC of 13 June               Article 5 of the Treaty, the Member States are to take all
     1990 on package travel , package holidays and package            appropriate measures, whether general or particular, to
    tours ('), the Hellenic Republic is in breach of its              ensure fulfilment of the obligations arising out of the Treaty
    obligations under the Treaty and that Directive,                  or resulting from action taken by the institutions of the
                                                                      Community . Hitherto the Hellenic Republic has not
— order the Hellenic Republic to pay the costs .                      informed the Commission of the adoption of the laws,
                                                                      regulations or administrative provisions adapting Greek
Pleas in law and main arguments adduced in support:                   legislation to the Directive in question .
Under the third paragraph of Article 189 of the Treaty
establishing the European Community, a directive is to be             (') OJ No L 268 , 14 . 9 . 1992 , p . 54 .
binding, as to the result to be achieved , upon each Member           ( 2 ) OJ No L 224 , 18 . 8 . 1990 , p . 29 .
State to which it is addressed . Under the first paragraph of
Article 5 of the Treaty, the 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 action taken by the institutions of the
Community. Hitherto the Hellenic Republic has not
informed the Commission of the adoption of the laws ,
regulations or administrative provisions adapting Greek               Reference for a preliminary ruling by the Ufficio del Giudice
legislation to the Directive in question .                            Conciliatore di Milano by order of that court of 25 June
                                                                      1996 in the case of Aprile SRL against Amministrazione
(') OJ No L 158 , 23 . 6 . 1990 , p . 59 .                                                         delle Finanze
                                                                                                ( Case C-228/96 )
                                                                                                   96/C 269/ 19 )
Action brought on 1 July 1996 by the Commission of the                Reference has been made to the Court of Justice of the
   European Communities against the Hellenic Republic                 European Communities by order of Ufficio del Giudice
                          Case C-227/96                               Conciliatore di Milano ( Office of the Judge-Conciliator,
                                                                      Milan ) on the following questions :
                          ( 96/C 269/ 18 )
An action against the Hellenic Republic was brought before             1 . Do the principles of legal certainty , effective protection
the Court of Justice of the European Communities on 1 July                  of rights arising under Community law and
19 96 by the Commission of the European Communities,                        non-discrimination as regards the protection in damages
represented by Maria Kontou-Durande, of its Legal Service ,                 of the aforesaid rights ( according to which the
with an address for service in Luxembourg at the office of                  procedural conditions of domestic law must not be less
Carlos Gomez de la Cruz, also of the Commission 's Legal                    favourable and , in any event, must not make it
Service, Wagner Centre, Kirchberg .                                         excessively difficult to exercise such rights ), as
                                                                            formulated in the case-law of the Court of Justice ,
The applicant claims that the Court should :                                preclude the introduction of national rules , such as those
                                                                            laid down in the first paragraph of Article 29 of Law
— declare that, by failing to adopt within the period                       No 428 of 29 December 1990 , which , whilst it is
    prescribed , the laws, regulations or administrative                    apparently formulated as an interpretative provision