Court of Justice of the European Communities (including Court of First Instance Decisions)

JUDGMENT OF THE COURT (Sixth Chamber)

15 October 1998 (1)

(Failure of a Member State to fulfil its obligations - Directives 93/118/EC and 94/59/EC - Failure to transpose within the prescribed period)

In Case C-385/97,

Commission of the European Communities, represented by Maria Condou Durande, of its Legal Service, acting as Agent, with an address for service in Luxembourg at the office of Carlos Gómez de la Cruz, of its Legal Service, Wagner Centre, Kirchberg,

applicant,

v

Hellenic Republic, represented by Nana Dafniou, Legal Assistant in the Special European Community Legal Service of the Ministry of Foreign Affairs, Dimitris Papageorgopoulos, Legal Adviser in the State Legal Service, and Foteini Dedousi, Agent for Legal Proceedings in the same Service, acting as Agents, with an address for service in Luxembourg at the Greek Embassy, 117 Val Sainte-Croix,

defendant,

APPLICATION for a declaration that, by failing to adopt within the prescribed period the laws, regulations and administrative provisions necessary to comply with:

- Council Directive 93/118/EC of 22 December 1993 amending Directive 85/73/EEC on the financing of health inspections and controls of fresh meat and poultrymeat (OJ 1993 L 340, p. 15), and

- Commission Directive 94/59/EC of 2 December 1994 amending for the third time the Annexes to Council Directive 77/96/EEC on the examination for Trichinae (Trichinelle spiralis) upon importation from third countries of fresh meat derived from domestic swine (OJ 1994 L 315, p. 18),

the Hellenic Republic has failed to fulfil its obligations under the EC Treaty and those directives,

THE COURT (Sixth Chamber),

composed of: P.J.G. Kapteyn, President of the Chamber, G. Hirsch, G.F. Mancini, H. Ragnemalm and R. Schintgen (Rapporteur), Judges,

Advocate General: P. Léger,

Registrar: R. Grass,

having regard to the report of the Judge-Rapporteur,

after hearing the Opinion of the Advocate General at the sitting on 25 June 1998,

gives the following

Judgment

1. By application lodged at the Court Registry on 11 November 1997, the Commission of the European Communities brought an action under Article 169 of the EC Treaty for a declaration that, by failing to adopt within the prescribed period the laws, regulations and administrative provisions necessary to comply with

   - Council Directive 93/118/EC of 22 December 1993 amending Directive 85/73/EEC on the financing of health inspections and controls of fresh meat and poultrymeat (OJ 1993 L 340, p. 15), and

   - Commission Directive 94/59/EC of 2 December 1994 amending for the third time the Annexes to Council Directive 77/96/EEC on the examination for Trichinae (Trichinelle spiralis) upon importation from third countries of fresh meat derived from domestic swine (OJ 1994 L 315, p. 18),

   the Hellenic Republic has failed to fulfil its obligations under the EC Treaty and those directives.

2. Under the first subparagraph of Article 3(1) of Directive 93/118, Member States were to bring into force the laws, regulations and administrative provisions necessary to comply with that directive not later than 31 December 1993 as regards the requirements of Article 5 and not later than 31 December 1994 as regards the other provisions. Under the third subparagraph of Article 3(1) the Member States were forthwith to inform the Commission of the measures taken.

3. Under the first paragraph of Article 2 of Directive 94/59 the Member States were to bring into force the laws, regulations and administrative provisions necessary to comply with that directive not later than 1 January 1995 and forthwith to inform the Commission thereof.

4. Since it had not received any communication relating to the transposition of Directives 93/118 and 94/59 into Greek law, and had no information to show that the Hellenic Republic had fulfilled that obligation, the Commission gave formal notice to that State by letter of 16 May 1995, calling on it to submit its observations within a period of two months.

5. In the absence of any reply from the Greek authorities, the Commission, on 24 September 1996, sent a reasoned opinion to the Hellenic Republic, calling on it to take the measures necessary to comply with its obligations under Directives 93/118 and 94/59 within two months of its notification.

6. As no action was taken on that reasoned opinion, the Commission brought the present proceedings.

7. The Hellenic Republic annexed to its defence a copy of Presidential Decree No 345/97 'amending and supplementing the provisions of Presidential Decree No 599/85 concerning the public health requirements to be met by fresh meat and meat products imported into Greece from third countries in accordance with Commission Directive 94/59/EC', which had been published in the Official Journal of the Hellenic Republic of 25 November 1997. As regards Directive 93/118, the Hellenic Republic explained that a draft presidential decree transposing it had already been prepared by the Ministry of Agriculture, the Ministry responsible, but that, following the publication in the Official Journal of the European Communities of Council Directive 96/43/EC of 26 June 1996 amending and consolidating Directive 85/73 in order to ensure financing of veterinary inspections and controls on live animals and certain animal products and amending Directives 90/675/EEC and 91/496/EEC (OJ 1996 L 162, p. 1), it seemed appropriate to add to the draft so as to transpose the two directives simultaneously.

8. By document lodged at the Court Registry on 13 March 1998 the Commission withdrew that part of its claims relating to the failure to transpose Directive 94/59 and, pursuant to Article 69(5) of the Rules of Procedure of the Court, applied for an order that the Hellenic Republic pay the costs. Accordingly there is no need to adjudicate on the failure to transpose that directive within the period prescribed therein.

9. As regards Directive 93/118, the action brought by the Commission must be considered well founded, since the directive was not transposed within the period prescribed therein.

10. Accordingly, it must be held that, by failing to adopt within the prescribed period the laws, regulations and administrative provisions necessary to comply with Directive 93/118, the Hellenic Republic has failed to fulfil its obligations under that directive.

    Costs

11. Under Article 69(2) of the Rules of Procedure, the unsuccessful party is to be ordered to pay the costs if they have been applied for in the successful party's pleadings. Since the Commission applied for an order for costs and the Hellenic Republic has been unsuccessful, the latter must be ordered to pay the costs of the proceedings in so far as they relate to Directive 93/118.

12. Pursuant to the first paragraph of Article 69(5) of the Rules of Procedure, upon application by a party who discontinues the proceedings, the costs are to be borne by the other party if this appears justified by the conduct of that party. Having regard to the conduct of the Hellenic Republic, which only belatedly notified the Commission of the national measure transposing Directive 94/59, it should be ordered to pay the costs of the proceedings in so far as they relate to that directive.

On those grounds,

THE COURT (Sixth Chamber)

hereby:

1. Declares that, by failing to adopt within the prescribed period the laws, regulations and administrative provisions necessary to comply with Council Directive 93/118/EC of 22 December 1993 amending Directive 85/73/EEC on the financing of health inspections and controls of fresh meat and poultrymeat, the Hellenic Republic has failed to fulfil its obligations under that directive;

2. Orders the Hellenic Republic to pay the costs.

KapteynHirsch Mancini RagnemalmSchintgen

Delivered in open court in Luxembourg on 15 October 1998.

R. Grass P.J.G. Kapteyn

Registrar President of the Sixth Chamber

---

1: Language of the case: Greek.