CELEX: C2000/176/32
Language: en
Date: 2000-06-24 00:00:00
Title: Case C-163/00: Action brought on 5 May 2000 by the Commission of the European Communities against the Hellenic Republic

24.6.2000               EN                   Official Journal of the European Communities                                        C 176/19
Pleas in law and main arguments                                         The Commission of the European Communities asks the Court
                                                                        to:
The Commission considers that it is the duty of Ireland to
initiate, in due time, the procedures necessary for incorporating       — declare that, by failing to adopt within the period pre-
Directives 96/24/EC, 96/25/EC and 98/67/EC into Irish law so                 scribed the laws, regulations and administrative provisions
that such process is complete within the time-limit laid down,               necessary to comply with Commission Directive
irrespective of the nature of such procedures, and to inform                 98/22/EC (1) of 15 April 1998 laying down the minimum
the Commission thereof.                                                      conditions for carrying out plant health checks in the
                                                                             Community, at inspection posts other than those at the
                                                                             place of destination, of plants, plant products or other
Ireland has not yet adopted the measures relating to the                     objects coming from third countries, the Hellenic Republic
abovementioned Directives and has, in any event, not notified                has failed to fulfil its obligations under the Treaty and that
those measures to the Commission.                                            directive;
(1) OJ L 125, 23.5.96, p. 33.
                                                                        — order the Hellenic Republic to pay the costs.
(2) OJ L 125, 23.5.96, p. 35.
(3) OJ L 261, 24.9.98, p. 10.                                           Pleas in law and main arguments
                                                                        Under the third paragraph of Article 249 of the Treaty
                                                                        establishing the European Community, a directive is to be
                                                                        binding, as to the result to be achieved, upon each Member
                                                                        State to which it is addressed. Under the first paragraph of
                                                                        Article 10 of the Treaty, the Member States are to take all
Action brought on 5 May 2000 by the Commission of the                   appropriate measures, whether general or particular, to ensure
   European Communities against the Hellenic Republic                   fulfilment of the obligations arising out of the Treaty or
                                                                        resulting from action taken by the institutions of the Com-
                         (Case C-163/00)                                munity.
                         (2000/C 176/32)                                It is clear that the Hellenic Republic is required to take
                                                                        measures to comply with the above directive.
An action against the Hellenic Republic was brought before
the Court of Justice on 5 May 2000 by the Commission of                 The Commission notes that the Hellenic Republic has not yet
the European Communities, represented by Maria Kondou-                  taken the appropriate measures to transpose the directive in
Durande, of its Legal Service, with an address for service in           question fully into the Greek legal system.
Luxembourg at the office of Carlos Gómez de la Cruz, also of
the Commission’s Legal Service, Wagner Centre, Kirchberg.               (1) OJ L 126 of 28.4.1998, p. 26.