CELEX: C2000/047/28
Language: en
Date: 2000-02-19 00:00:00
Title: Case C-457/99: Action brought on 1 December 1999 by the Commission of the European Communities against the Hellenic Republic

C 47/18                EN                      Official Journal of the European Communities                                     19.2.2000
Pleas in law and main arguments                                           Pleas in law and main arguments
                                                                          The Member States are required by the binding character of
Error in the legal assessment of the facts entailing a breach of          the third paragraph of Article 249 EC and of Article 10 EC (ex
rules of law, in this case Article 7(3) of Annex VII to the Staff         third paragraph of Article 189 and Article 5 of the EC Treaty)
Regulations of Officials and the implementing provisions.                 to adopt the measures needed to transpose directives into
                                                                          national law before the expiry of the period laid down for that
                                                                          purpose and to communicate those measures immediately to
                                                                          the Commission. Those periods expired without the Hellenic
                                                                          Republic having communicated to the Commission the pro-
                                                                          visions transposing the directives at issue into national law.
                                                                          (1) OJ No L 265, 8.11.1995, p. 17.
                                                                          (2) OJ No L 332, 30.12.1995, p. 15.
                                                                          (3) OJ No L 351, 23.12.1997, p. 55.
Action brought on 1 December 1999 by the Commission
of the European Communities against the Hellenic Repub-
                                 lic
                                                                          Action brought on 1 December 1999 by the Commission
                          (Case C-457/99)                                 of the European Communities against the Hellenic Repub-
                                                                                                          lic
                           (2000/C 47/28)                                                         (Case C-458/99)
                                                                                                   (2000/C 47/29)
An action against the Hellenic Republic was brought before the
Court of Justice of the European Communities on 1 December                An action against the Hellenic Republic was brought before the
1999 by the Commission of the European Communities,                       Court of Justice of the European Communities on 1 December
represented by Maria Kondou-Durande, of its Legal Service,                1999 by the Commission of the European Communities,
with an address for service in Luxembourg at the office of                represented by Maria Kondou-Durande, of its Legal Service,
Carlos Gómez de la Cruz, of its Legal Service, Wagner Centre,            with an address for service in Luxembourg at the office of
Kirchberg.                                                                Carlos Gómez de la Cruz, of its Legal Service, Wagner Centre,
                                                                          Kirchberg.
The Commission claims that the Court should:                              The Commission claims that the Court should:
                                                                          — declare that, by not adopting within the time-limit laid
1. declare that, by not adopting the laws, regulations and                    down the laws, regulations and administrative provisions
    administrative provisions necessary to comply with:                       necessary to comply with Commission Directive
                                                                              98/19/EC (1) of 18 March 1998 amending Council Direc-
                                                                              tive 70/524/EEC concerning additives in feedingstuffs, the
    — Council Directive 95/53/EC (1) of 25 October 1995                       Hellenic Republic has failed to fulfil its obligations under
         fixing the principles governing the organisation of                  the Treaty and that directive;
         official inspections in the field of animal nutrition;
                                                                          — order the Hellenic Republic to pay the costs.
    — Council Directive 95/69/EC (2) of 22 December 1995
         laying down the conditions and arrangements for                  Pleas in law and main arguments
         approving and registering certain establishments and
         intermediaries operating in the animal feed sector               The Member States are required by the binding character of
         and amending Directives 70/524/EEC, 74/63/EEC,                   the third paragraph of Article 249 EC and of Article 10 EC (ex
         79/373/EEC and 82/471/EEC; and                                   third paragraph of Article 189 and Article 5 of the EC Treaty)
                                                                          to adopt the measures needed to transpose directives into
                                                                          national law before the expiry of the period laid down for that
    — Commission Directive 97/72/EC (3) of 15 December                    purpose and to communicate those measures immediately to
         1997 amending Council Directive 70/524/EEC con-                  the Commission. That period expired on 31 May 1998
         cerning additives in feedingstuffs,                              without the Hellenic Republic having communicated to the
                                                                          Commission the provisions transposing the directive at issue
                                                                          into national law.
    the Hellenic Republic has failed to fulfil its obligations
    under the Treaty and those directives;
                                                                          (1) OJ No L 96, 28.3.1998, p. 39.
2. order the Hellenic Republic to pay the costs.