CELEX: C2000/034/05
Language: en
Date: 2000-02-05 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 21 October 1999 in Case C-391/98: Commission of the European Communities v Hellenic Republic (Failure by a member State to fulfil its obligations — Directive 93/43/EEC — Failure to transpose within the prescribed period)

5.2.2000                EN                      Official Journal of the European Communities                                              C 34/3
1. Article 36(3) of Council Regulation (EEC) No 222/77 of                  Nana Dafniou and I. Chalkias) — application for a declaration
    13 December 1976 on Community transit, as amended by                   that, by failing to adopt, within the prescribed period, the laws,
    Council Regulation (EEC) No 474/90 of 22 February 1990                 regulations and administrative provisions necessary to comply
    with a view to abolishing lodgement of the transit advice note on      with Council Directive 93/43/EEC of 14 June 1993 on the
    crossing an internal frontier of the Community, in conjunction         hygiene of foodstuffs (OJ 1993 L 175, p. 1), the Hellenic
    with Article 11a(2) of Commission Regulation (EEC)                     Republic has failed to fulfil its obligations under that directive
    No 1062/87 of 27 March 1987 on provisions for the                      — the Court (Sixth Chamber), composed of: P.J.G. Kapteyn,
    implementation of the Community transit procedure and for              acting as President of the Sixth Chamber, G. Hirsch and
    certain simplifications of that procedure, as amended by Com-          H. Ragnemalm (Rapporteur), Judges; P. Léger, Advocate Gen-
    mission Regulation (EEC) No 1429/90 of 29 May 1990, is to              eral; R. Grass, Registrar, has given a judgment on 21 October
    be interpreted as meaning that the Member State to which the           1999, in which it:
    office of departure belongs may recover duty on import only if it
    has indicated to the principal that he has three months in which       1. Declares that, by failing to adopt within the prescribed period the
    to prove where the offence or irregularity was actually committed          laws, regulations and administrative provisions necessary to
    and such proof has not been provided within that period.                   comply with Council Directive 93/43/EEC of 14 June 1993 on
                                                                               the hygiene of foodstuffs, the Hellenic Republic has failed to fulfil
2. The third subparagraph of Article 36(3) of Regulation                       its obligations under that directive;
    No 222/77 as amended by Regulation No 474/90 is to be
    interpreted as not applying to a case in which the Member State        2. Orders the Hellenic Republic to pay the costs.
    to which the office of departure belongs has recovered duty in
    respect of goods cleared for the Community transit procedure even
    though the principal has not been set a time-limit for furnishing      (1) OJ C 397 of 19.12.1998.
    proof of the place where the offence or irregularity was actually
    committed, in accordance with Article 11a(2) of Regulation
    No 1062/87 as amended by Regulation No 1429/90, and in
    such a case the refund of the duty irregularly recovered is not
    subject to the condition that the duty due from the principal has
    been paid in the Member State where the offence was committed.
(1) OJ C 278 of 5.9.1998.                                                                   JUDGMENT OF THE COURT
                                                                                                    (Sixth Chamber)
                                                                                                  of 21 October 1999
                                                                           in Case C-430/98: Commission of the European Communi-
                 JUDGMENT OF THE COURT
                                                                                       ties v Grand Duchy of Luxembourg (1)
                          (Sixth Chamber)
                                                                           (Failure by a Member State to fulfil its obligations —
                                                                           Directive 94/45/EC — Failure to transpose within the
                        of 21 October 1999                                                          prescribed period)
in Case C-391/98: Commission of the European Communi-                                                (2000/C 34/06)
                    ties v Hellenic Republic (1)
(Failure by a member State to fulfil its obligations —                                         (Language of the case: French)
Directive 93/43/EEC — Failure to transpose within the
                         prescribed period)
                                                                           (Provisional translation; the definitive translation will be published
                           (2000/C 34/05)                                                     in the European Court Reports)
                                                                           In Case C-430/98: Commission of the European Communities
                     (Language of the case: Greek)
                                                                           (Agents: P.J. Kuijper and N. Yerrell) v Grand Duchy of Luxem-
                                                                           bourg (Agent: P. Steinmetz) — application for a declaration
                                                                           that, by failing to adopt and/or to communicate to the
(Provisional translation; the definitive translation will be published     Commission the laws, regulations and administrative pro-
                   in the European Court Reports)                          visions necessary to comply with Council Directive 94/45/EC
                                                                           of 22 September 1994 on the establishment of a European
In Case C-391/98: Commission of the European Communities                   Works Council or a procedure in Community-scale undertak-
(Agent: Maria Condou-Durande) v Hellenic Republic (Agents:                 ings and Community-scale groups of undertakings for the