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

JUDGMENT OF THE COURT (Fourth Chamber)

6 December 2001 (1)

(Failure by a Member State to fulfil its obligations - Failure to transpose Directives 97/41/EC, 98/51/EC and 98/67/EC)

In Case C-166/00,

Commission of the European Communities, represented by M. Condou-Durande, acting as Agent, with an address for service in Luxembourg,

applicant,

v

Hellenic Republic, represented by G. Kanellopoulos, C. Tsiavou and D. Tsagkaraki, acting as Agents, with an address for service in Luxembourg,

defendant,

APPLICATION for a declaration that, by not bringing into force the laws, regulations and administrative provisions necessary to comply with:

- Council Directive 97/41/EC of 25 June 1997 amending Directives 76/895/EEC, 86/362/EEC, 86/363/EEC and 90/642/EEC relating to the fixing of maximum levels for pesticide residues in and on, respectively, fruit and vegetables, cereals, foodstuffs of animal origin, and certain products of plant origin, including fruit and vegetables (OJ 1997 L 184, p. 33),

- Council Directive 97/76/EC of 16 December 1997 amending Directive 77/99/EEC and Directive 72/462/EEC with regard to the rules applicable to minced meat, meat preparations and certain other products of animal origin (OJ 1998 L 10, p. 25),

- Commission Directive 98/51/EC of 9 July 1998 laying down certain measures for implementing Council Directive 95/69/EC laying down the conditions and arrangements for approving and registering certain establishments and intermediaries operating in the animal feed sector (OJ 1998 L 208, p. 43), and

- Commission Directive 98/67/EC of 7 September 1998 amending Directives 80/511/EEC, 82/475/EEC, 91/357/EEC and Council Directive 96/25/EC and repealing Directive 92/87/EEC (OJ 1998 L 261, p. 10),

within the periods laid down by those directives, the Hellenic Republic has failed to fulfil its obligations under the said directives,

THE COURT (Fourth Chamber),

composed of: S. von Bahr, President of the Chamber, A. La Pergola and C.W.A. Timmermans (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 20 September 2001,

gives the following

Judgment

1. By application lodged at the Registry of the Court of Justice on 8 May 2000, the Commission of the European Communities brought an action under Article 226 EC for a declaration that, by not bringing into force the laws, regulations and administrative provisions necessary to comply with:

   - Council Directive 97/41/EC of 25 June 1997 amending Directives 76/895/EEC, 86/362/EEC, 86/363/EEC and 90/642/EEC relating to the fixing of maximum levels for pesticide residues in and on, respectively, fruit and vegetables, cereals, foodstuffs of animal origin, and certain products of plant origin, including fruit and vegetables (OJ 1997 L 184, p. 33),

   - Council Directive 97/76/EC of 16 December 1997 amending Directive 77/99/EEC and Directive 72/462/EEC with regard to the rules applicable to minced meat, meat preparations and certain other products of animal origin (OJ 1998 L 10, p. 25),

   - Commission Directive 98/51/EC of 9 July 1998 laying down certain measures for implementing Council Directive 95/69/EC laying down the conditions and arrangements for approving and registering certain establishments and intermediaries operating in the animal feed sector (OJ 1998 L 208, p. 43), and

   - Commission Directive 98/67/EC of 7 September 1998 amending Directives 80/511/EEC, 82/475/EEC, 91/357/EEC and Council Directive 96/25/EC and repealing Directive 92/87/EEC (OJ 1998 L 261, p. 10),

   within the periods laid down by those directives, the Hellenic Republic has failed to fulfil its obligations under the said directives.

   Community legislation

2. By virtue of the first subparagraph of Article 5 of Directive 97/41, the first subparagraph of Article 4(1) of Directive 97/76, the first subparagraph of Article 10(1) of Directive 98/51 and the first subparagraph of Article 7(1) of Directive 98/67, the Member States were required to adopt the laws, regulations and administrative provisions necessary to comply with each of those directives no later than 31 December 1998.

   Pre-litigation procedure

3. Since it took the view that Directives 97/41, 97/76, 98/51 and 98/67 had not been incorporated into Greek law within the prescribed period, the Commission initiated the procedure for Treaty infringement. Having sent the Hellenic Republic formal notice to submit its observations, the Commission issued a reasoned opinion on 4 August 1999 requesting that Member State to bring into force the measures necessary to comply with it within two months of the date of its notification. Since the Hellenic Republic did not respond to that opinion, the Commission brought this action.

   Arguments of the parties

4. The Hellenic Republic acknowledged in its defence that the above-mentioned directives had not been incorporated into Greek law within the period fixed by the reasoned opinion.

5. It stated, however, that the incorporation of Directive 97/76 had taken place after the expiry of that period. So far as Directives 97/41, 98/51 and 98/67 are concerned, it asserted that the procedure of incorporation into Greek law was in the course of completion.

6. In view of those matters the Commission discontinued, after the closure of the written procedure, that part of its action concerning the failure to transpose Directive 97/76. On the other hand, it continued that part of its action concerning the failure to transpose Directives 97/41, 98/51 and 98/67.

7. By letter of 21 March 2001, the Hellenic Republic sent the Court a copy of the Official Journal of the Hellenic Republic in which was published the national law incorporating Directive 97/41.

   Findings of the Court

8. So far as the incorporation of Directives 97/41, 98/51 and 98/67 is concerned, it is appropriate to point out, first, that, according to settled case-law, the question whether a Member State has failed to fulfil its obligations must be determined by reference to the situation prevailing in the Member State at the end of the period laid down in the reasoned opinion and that the Court cannot take account of any subsequent changes (see, in particular, Case C-147/00 Commission v France [2001] ECR I-2387, paragraph 26).

9. It should be recalled also, that, even where the default has been remedied after the time-limit given in the reasoned opinion has expired, there is still an interest in pursuing the action in order to establish the basis of liability which a Member State may incur, as a result of its default, towards other Member States, the Community or private parties (see, inter alia, Case C-29/90 Commission v Greece [1992] ECR I-1971, paragraph 12, and Case C-207/00 Commission v Italy [2001] ECR I-4571, paragraph 28).

10. In this case, it is not disputed that Directives 97/41, 98/51 and 98/67 were not transposed within the period prescribed by the reasoned opinion. In those circumstances, the action brought by the Commission appears to be well founded.

11. Consequently, it must be held that, by not bringing into force, within the prescribed period, the laws, regulations and administrative provisions necessary to comply with Directives 97/41, 98/51 and 98/67, the Hellenic Republic has failed to fulfil its obligations under those directives.

    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. 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 Directives 97/41, 98/51 and 98/67.

13. Pursuant to the first subparagraph 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 notified the Commission of the measures necessary for the incorporation of Directive 97/76 after the commencement of the action, 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 (Fourth Chamber)

hereby:

1. Declares that, by not bringing into force, within the prescribed period, the laws, regulations and administrative provisions necessary to comply with:

- Council Directive 97/41/EC of 25 June 1997 amending Directives 76/895/EEC, 86/362/EEC, 86/363/EEC and 90/642/EEC relating to the fixing of maximum levels for pesticide residues in and on, respectively, fruit and vegetables, cereals, foodstuffs of animal origin, and certain products of plant origin, including fruit and vegetables,

- Commission Directive 98/51/EC of 9 July 1998 laying down certain measures for implementing Council Directive 95/69/EC laying down the conditions and arrangements for approving and registering certain establishments and intermediaries operating in the animal feed sector, and

- Commission Directive 98/67/EC of 7 September 1998 amending Directives 80/511/EEC, 82/475/EEC, 91/357/EEC and Council Directive 96/25/EC and repealing Directive 92/87/EEC,

the Hellenic Republic has failed to fulfil its obligations under those Directives;

2. Orders the Hellenic Republic to pay the costs.

von BahrLa Pergola Timmermans

Delivered in open court in Luxembourg on 6 December 2001.

R. Grass S. von Bahr

Registrar President of the Fourth Chamber

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1: Language of the case: Greek.