CELEX: C1998/209/57
Language: en
Date: 1998-07-04 00:00:00
Title: Action brought on 15 May 1998 by the Commission of the European Communities against the Hellenic Republic (Case C-185/98)

C 209/28              EN                  Official Journal of the European Communities                                    4.7.98
2. If so, is the fact of making membership of the                    above provisions require Member States to adapt their
    occupational pension scheme for medical specialists              legislation to comply with Community directives within
    . . . compulsory a measure adopted by a Member State             the periods prescribed therein. Although the period
    which nullifies the useful effect of the competition             prescribed in Article 3 of Directive 92/101/EEC expired on
    rules applicable to undertakings, or is this the case            1 January 1994, the Hellenic Republic had not adopted
    only under certain conditions, and if so, under which?           the laws, regulations and administrative provisions
                                                                     necessary to comply with that directive.
3. If the last question must be answered in the negative,
                                                                     (1) OJ L 347, 28.11.1992, p. 64.
    can      other    circumstances     render     compulsory
    membership incompatible with Article 90 of the
    Treaty, and if so, which?
                                                                     Reference for a preliminary ruling by the 4.a Vara Criminal
                                                                     do Círculo do Porto by decision of that court of 21 April
                                                                     1998 in the case of MinisteÂrio PuÂblico against Maria
Action brought on 15 May 1998 by the Commission of                             AmeÂlia Nunes and Evangelina de Matos
 the European Communities against the Hellenic Republic
                                                                                            (Case C-186/98)
                       (Case C-185/98)
                                                                                             (98/C 209/58)
                         (98/C 209/57)
                                                                     Reference has been made to the Court of Justice of the
An action against the Hellenic Republic was brought                  European Communities by decision of the 4.a Vara
before the Court of Justice on 15 May 1998 by the                    Criminal do Círculo do Porto (Fourth Criminal Chamber,
Commission of the European Communities, represented                  Oporto Circuit) of 21 April 1998, which was received at
by M. Patakia, of the Commission's Legal Service, with an            the Court Registry on 18 May 1998, for a preliminary
address for service in Luxembourg at the office of Carlos            ruling in the case of MinisteÂrio PuÂblico against Maria
Gómez de la Cruz, also of the Commission's Legal                     AmeÂlia Nunes and Evangelina de Matos on the following
Service, Wagner Centre, Kirchberg.                                   questions:
The applicant claims that the Court should:                          Ð did the Community legislation in force at the material
                                                                         time treat the conduct with which the defendants are
                                                                         charged as criminal?
(1) declare that, by failing to adopt, within the period
      prescribed, the laws, regulations and administrative
      provisions necessary to comply with Council                        and
      Directive 92/101/EEC of 23 November 1992
      amending Directive 77/91/EEC on the formation of               Ð does a Member State have the power to impose
      public limited liability companies and the                         criminal sanctions on conduct which causes only
      maintenance and alteration of their capital (1), the               economic damage to the Community in respect of
      Hellenic Republic has failed to fulfil its obligations             which Community law only provides for civil
      under the EC Treaty and that directive,                            sanctions?
(2) in the alternative, declare that, by failing to
      communicate to the Commission the measures
      adopted in order to transpose the said directive into
      national law, the Hellenic Republic has failed to fulfil
      its obligations under the EC Treaty and that directive,                  Removal from the register of C-21/95 (1)
                                                                                             (98/C 209/59)
(3) order the Hellenic Republic to pay the costs.
                                                                     By order of 3 March 1998 the President of the Court of
Pleas in law and main arguments adduced in support:                  Justice of the European Communities has ordered the
                                                                     removal from the register of Case C-21/95 (reference for a
                                                                     preliminary ruling from the Tribunale Amministrativo
Under the third paragraph of Article 189 of the EC Treaty,           Regionale del Lazio): Toscana TV and Others v. Ministero
a directive is to be binding, as to the result to be achieved,       delle Poste e Telcomunicazioni.
upon each Member State to which it is addressed. Under
Article 5 of the Treaty, the Member States are to take all
                                                                     (1) OJ C 74, 25.3.1995.
appropriate measures to ensure fulfilment of the
obligations arising out of the Treaty or resulting from
action taken by the institutions of the Community. The