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

JUDGMENT OF THE COURT (Third Chamber)

13 April 2000 (1)

(Failure by a Member State to fulfil its obligations - Failure to transpose Directive 94/62/EC)

In Case C-123/99,

Commission of the European Communities, represented by M. 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, also of its Legal Service, Wagner Centre, Kirchberg,

applicant,

v

Hellenic Republic, represented by N. Dafniou and D. Tsagkaraki, of the Special Legal Service for the European Communities of the Ministry of Foreign Affairs, 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 inform the Commission of the laws, regulations and administrative provisions necessary to comply with European Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and packaging waste (OJ 1994 L 365, p. 10) or failing to adopt the necessary measures to comply therewith, the Hellenic Republic has failed to fulfil its obligations under the EC Treaty and that directive,

THE COURT (Third Chamber),

composed of: J.C. Moitinho de Almeida, President of the Chamber, C. Gulmann and F. Macken (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 11 January 2000,

gives the following

Judgment

1. By application lodged with the Court Registry on 13 April 1999, the Commission of the European Communities brought an action under Article 169 of the EC Treaty (now Article 226 EC) for a declaration that, by failing to inform the Commission of the laws, regulations and administrative provisions necessary to comply with European Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and packaging waste (OJ 1994 L 365, p. 10, hereinafter 'the Directive), or failing to adopt the necessary measures to comply therewith, the Hellenic Republic has failed to fulfil its obligations under the EC Treaty and the Directive.

2. Article 22(1) of the Directive provides that the Member States are to bring into force the laws, regulations and administrative provisions necessary to comply with the Directive before 30 June 1996 and that they are to inform the Commission thereof immediately.

3. Since the Commission had received no notification of any measures taken to implement the Directive into the Greek legal order, and since there was no other evidence available to it to suggest that the Hellenic Republic had complied with its obligations, on 16 January 1997 the Commission sent the Greek Government a letter of formal notice.

4. Having received no reply, on 2 October 1997 the Commission served on the Greek Government a reasoned opinion requiring it to adopt the necessary measures within two months of service of that opinion.

5. By letter of 22 June 1998 the Greek Government sent the Commission a draft law transposing the Directive.

6. None the less, since it had still not received notification of transposition of the Directive, the Commission brought this action.

7. Referring to the Member States' obligations under Article 5 and the third paragraph of Article 189 of the EC Treaty (now Article 10 EC and the third paragraph of Article 249 EC), the Commission considers that the Hellenic Republic should have adopted the necessary measures to comply with the Directive within the prescribed period and notified it accordingly.

8. The Hellenic Republic does not dispute that it failed to fulfil its obligations as alleged. It states, however, that a draft law is currently before the competent ministers for signature.

9. Since the Directive has not been transposed within the period prescribed in the reasoned opinion, the action brought in this connection by the Commission is well founded.

10. On the other hand, the Court does not have to take account of the failure to provide information concerning the laws, regulations and administrative provisions necessary in order to comply with the Directive, since the Hellenic Republic did not adopt those provisions within the period prescribed in the reasoned opinion (see, inter alia, Case C-303/93 Commission v Italy [1994] ECR I-1901, paragraph 6).

11. Therefore, the Court finds that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with the Directive within the prescribed period, the Hellenic Republic has failed to fulfil its obligations under the Directive.

    Costs

12. 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. Sincethe Commission has applied for costs and the Hellenic Republic has been unsuccessful, the latter must be ordered to pay the costs.

On those grounds,

THE COURT (Third Chamber)

hereby:

1. Declares that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with European Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and packaging waste within the prescribed period, the Hellenic Republic has failed to fulfil its obligations under that directive;

2. Orders the Hellenic Republic to pay the costs.

Moitinho de AlmeidaGulmann Macken

Delivered in open court in Luxembourg on 13 April 2000.

R. Grass J.C. Moitinho de Almeida

Registrar President of the Third Chamber

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1: Language of the case: Greek.