CELEX: C2001/348/21
Language: en
Date: 2001-12-08 00:00:00
Title: Case C-371/01: Action brought on 26 September 2001 by the Commission of the European Communities against the Hellenic Republic

C 348/12                EN                    Official Journal of the European Communities                                    8.12.2001
(Federal Social Court) of 2 August 2001, received at the Court           The Commission claims that the Court should:
Registry on 25 September 2001, for a preliminary ruling in
the case of Nadi Sahin against Bundesanstalt für Arbeit (Federal         —     declare that, by failing to adopt and to notify to the
Labour Office) on the following question:                                      Commission, within the time-limit laid down, the laws,
                                                                               regulations and administrative provisions necessary to
1.     Is Article 41(1) of the Additional Protocol of 23 Novem-                comply fully with Council Directive 98/81/EC (1) of
       ber 1970 to the Agreement establishing an Association                   26 October 1998 amending Directive 90/219/EEC on
       between the European Economic Community and Turkey                      the contained use of genetically modified micro-organ-
       to be interpreted as meaning:                                           isms, the Hellenic Republic has failed to fulfil its obli-
                                                                               gations under the EC Treaty;
       (a)  that a Turkish worker is entitled to plead a restriction
            on the freedom to provide services which is contrary         —     order the Hellenic Republic to pay the costs.
            to the Additional Protocol and, if so,
       (b) that there is also a restriction on the freedom to
            provide services where a Member State of the                 Pleas in law and main arguments
            Community abolishes an existing work permit
            exemption for Turkish drivers engaged in inter-
            national haulage who are employed by a (Turkish)             In accordance with the third paragraph of Article 249 of the
            employer with its seat in Turkey?                            Treaty establishing the European Community, directives are
                                                                         binding, as to the result to be achieved, upon each Member
                                                                         State to which they are addressed.
2.     Does such a restriction concern exclusively the freedom
       to provide services or does it also or solely concern
       conditions of access to employment within the meaning
       of Article 13 of Decision No 1/80 of the Association              Under the first paragraph of Article 10 of the Treaty, Member
       Council of 19 September 1980 on the development                   States are to take all appropriate measures, whether general or
       of the Association between the European Economic                  particular, to ensure fulfilment of the obligations arising out
       Community and Turkey?                                             of the Treaty or resulting from action taken by the institutions
                                                                         of the Community.
3.     Is Article 13 of Decision No 1/80 of the Association
       Council of 19 September 1980 on the development                   It is not disputed by the Hellenic Republic that it must adopt
       of the Association between the European Economic                  measures to comply with the abovementioned directive.
       Community and Turkey also to be applied to Turkish
       employees of an employer with its seat in Turkey who,
       as long-distance lorry drivers engaged in international           The Commission records that until now the Hellenic Republic
       haulage, regularly pass through a Member State of the             has not adopted the appropriate measures for the full incorpor-
       Community without belonging to the (legitimate) labour            ation of the Directive at issue into Greek law.
       force of that Member State?
                                                                         (1) OJ L 330, 5.12.1998, p. 13.
Action brought on 26 September 2001 by the Com-
mission of the European Communities against the Hellen-
                            ic Republic                                  Action brought on 27 September 2001 by the Com-
                                                                            mission of the European Communities against Ireland
                         (Case C-371/01)
                                                                                                  (Case C-375/01)
                         (2001/C 348/21)
                                                                                                  (2001/C 348/22)
An action against the Hellenic Republic was brought before
the Court of Justice of the European Communities on 26 Sep-              An action against Ireland was brought before the Court of
tember 2001 by the Commission of the European Communi-                   Justice of the European Communities on 27 September 2001
ties, represented by Götz zur Hausen, Legal Adviser, and Panos           by the Commission of the European Communities, represented
Panagiotopoulos, a national civil servant on secondment to its           by Richard Wainwright, acting as agent, with an address for
Legal Service.                                                           service in Luxembourg.