CELEX: C1998/378/10
Language: en
Date: 1998-12-05 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 15 October 1998 in Case C-386/97: Commission of the European Communities v. Hellenic Republic (Failure of a Member State to fulfil its obligations - Directive 95/23/EC - Failure to transpose within the prescribed period)

5.12.98               EN                  Official Journal of the European Communities                                       C 378/5
                JUDGMENT OF THE COURT                                                JUDGMENT OF THE COURT
                       (Sixth Chamber)                                                         (Sixth Chamber)
                     of 15 October 1998                                                      of 15 October 1998
      in Case C-385/97: Commission of the European
                                                                            in Case C-386/97: Commission of the European
             Communities v. Hellenic Republic (1)
                                                                                  Communities v. Hellenic Republic (1)
(Failure of a Member State to fulfil its obligations Ð
Directives 93/118/EC and 94/59/EC Ð Failure to                       (Failure of a Member State to fulfil its obligations Ð
            transpose within the prescribed period)                  Directive 95/23/EC Ð Failure to transpose within the
                                                                                              prescribed period)
                        (98/C 378/09)
                                                                                                (98/C 378/10)
                 (Language of the case: Greek)
                                                                                      (Language of the case: Greek)
  (Provisional translation; the definitive translation will be
          published in the European Court Reports)
                                                                       (Provisional translation; the definitive translation will be
In Case C-385/97: Commission of the European                                   published in the European Court Reports)
Communities (Agent: Maria Condou-Durande) v. Hellenic
Republic (Agent: Nana Dafniou, Dimitris Papa-
georgopoulos and Foteini Dedousi) Ð Application for a
declaration that, by failing to adopt within the prescribed          In Case C-386/97: Commission of the European
period the laws, regulations and administrative provisions           Communities (Agent: Maria Condou-Durande) v. Hellenic
necessary to comply with: Council Directive 93/119/EC of             Republic (Agents: Nana Dafniou, Ioannis Chalkias and
22 December 1993 amending Directive 85/73/EEC on the                 Foteini Dedousi) Ð Application for a declaration that, by
financing of health inspections and controls of fresh meat           failing to adopt within the prescribed period the laws,
and poultrymeat (OJ L 340, 31.12.1993, p. 15), and                   regulations and administrative provisions necessary to
Commission Directive 94/59/EC of 2 December 1994                     comply with Council Directive 95/23/EC of 22 June 1995
amending for the third time the Annexes to Council                   amending Directive 64/433/EEC on conditions for the
Directive 77/96/EEC on the examination for Trichinae                 production and marketing of fresh meat (OJ L 243,
(Trichinelle spiralis) upon importation from third                   11.10.1995, p. 7), the Hellenic Republic has failed to fulfil
countries of fresh meat derived from domestic swine (OJ              its obligations under the EC Treaty and that directive, Ð
L 315, 8.12.1994, p. 18), the Hellenic Republic has failed           the Court (Sixth Chamber), composed of: P. J. G.
to fulfil its obligations under the EC Treaty and those              Kapteyn, President of the Chamber, G. Hirsch, G. F.
directives Ð the Court (Sixth Chamber), composed of:                 Mancini, H. Ragnemalm and R. Schintgen (Rapporteur),
P. J. G. Kapteyn, President of the Chamber, G. Hirsch,               Judges; A. La Pergola, Advocate-General; R. Grass,
G. F. Mancini, H. Ragnemalm and R. Schintgen                         Registrar, has given a judgment on 15 October 1998, in
(Rapporteur), Judges; P. LeÂger, Advocate-General; R.                which it:
Grass, Registrar, has given a judgment on 15 October
1998, in which it:
                                                                     1. Declares that, by failing to adopt within the prescribed
1. Declares that, by failing to adopt within the prescribed               period the laws, regulations and administrative
     period the laws, regulations and administrative                      provisions necessary to comply with Council Directive
     provisions necessary to comply with Council Directive                95/23/EC of 22 June 1995 amending Directive 64/
     93/119/EC of 22 December 1993 amending Directive                     433/EEC on conditions for the production and
     85/73/EEC on the financing of health inspections and                 marketing of fresh meat, the Hellenic Republic has
     controls of fresh meat and poultrymeat, the Hellenic                 failed to fulfil its obligations under that directive;
     Republic has failed to fulfil its obligations under that
     directive;
                                                                     2. Orders the Hellenic Republic to pay the costs.
2. Orders the Hellenic Republic to pay the costs.
                                                                     (1) OJ C 7, 10.1.1998.
(1) OJ C 55, 20.2.1998.