C-385/97
ECLI:EU:C:1998:327
- Súd
- Súdny dvor Európskej únie
- IČS
- 61997CC0385
- Zdroj
- eur-lex.europa.eu ↗
OPINION OF MR LÉGER — CASE C-385//97
OPINION OF ADVOCATE GENERAL LÉGER delivered on 25 June 1998 *
1. In the present proceedings, the Commis the Hellenic Republic has failed to fulfil its sion of the European Communities seeks a obligations under the EC Treaty and those declaration that, by not adopting or commu directives. nicating to the Commission within the pre scribed period the laws, regulations and administrative provisions necessary to comply with:
2. Under Article 3(1) of Directive 93/118, Member States were to adopt the laws, regu lations and administrative provisions neces sary to comply with that directive, by 31 December 1993 as regards the requirements of the annex thereto and Article 5, as amended, — Council Directive 93/118/EC of 22 of Directive 85/73, and by 31 December 1994 December 1993 amending Directive as regards the other provisions. Member States 85/73/EEC on the financing of health were accordingly required to inform the Com inspections and controls of fresh meat and mission immediately of the measures adopted. poultrymeat, 1and
3. Under the first subparagraph of Article 2 of Directive 94/59, Member States were to adopt by 1 January 1995 the laws, regulations — Commission Directive 94/59/EC of 2 and administrative provisions necessary to December 1994 amending for the third comply with that directive, and to inform the time the Annexes to Council Directive Commission thereof immediately. 77/96/EEC on the examination for Tri chinae (Trichinella spiralis) upon importa tion from third countries of fresh meat 2 derived from domestic swine,
* Original language: French. 1 — OJ 1993 L 340, p. 15. 4. Finding that the time-limit had expired 2 — OJ 1994 L 315, p. 18. without its being informed of the existence of
I-6116
COMMISSION v GREECE
implementing measures taken by Greece, the 8. By letter of 10 March 1998, the Commis Commission commenced an action under sion discontinued its action under Article 169 Article 169 of the Treaty for a declaration in so far as it concerned failure to transpose that Greece had failed to fulfil its obligations. Directive 94/59.
9. In respect of the part of the action con cerning failure to transpose Directive 93/118, 5. By letter of 16 May 1995, the Commission the Greek Government stated that it had gave the Greek Government formal notice to drafted a presidential decree in order to bring submit its observations on the absence of national law into line with that directive, but measures necessary to transpose Directives had considered it appropriate to supplement 93/118 and 94/59 into domestic law. that decree with a view to the transposition of Directive 93/118 at the same time as Council Directive 96/43/EC of 26 June 1996 amending and consolidating Directive 85/73/EEC in order to ensure financing of veterinary inspec tions and controls on live animals and certain animal products and amending Directives 3 90/675/EEC and 91/496/EEC. 6. Since the Greek Government did not reply to that letter within the prescribed time-limit, the Commission sent it a reasoned opinion on 24 September 1996 in which it stated that Greece had failed to fulfil its obligations.
10. Greece does not therefore appear to deny that the said directive has not been transposed within the prescribed time-limit, and so the action brought by the Commission for failure by that State to fulfil its obligations under Directive 93/118 is well founded. 7. In its response, the Greek Government stated that it had transposed Directive 94/59 by adopting Presidential Decree No 345/97 'Amending and supplementing the provisions of Presidential Decree No 599/85 on the health conditions to be satisfied by fresh meat and meat-based products imported into 11. Under Article 69(2) of the Rules of Pro Greece from third countries (Official Gazette cedure of the Court of Justice, the unsuc A 213) in accordance with Commission Direc cessful party is to be ordered to pay the costs. tive 94/59 (Official Gazette A 233)', published in the Official Gazette of the Hellenic Republic on 25 November 1997. 3 — OJ 1996 L 162, p. 1.
I-6117
OPINION OF MR LÉGER — CASE C-385//97
12. Under Article 69(5) of those Rules, a necessary for the transposition of Directive party who discontinues or withdraws from 94/59 into the Greek legal order. proceedings is to be ordered to pay the costs unless the discontinuance or withdrawal is justified by the conduct of the other party.
14. The Commission's partial discontinuance is justified by the conduct of Greece which 13. The Commission discontinued part of its has, moreover, been unsuccessful in the rest action after Greece adopted, following the of the action. Greece should therefore be commencement of proceedings, the measures ordered to pay the costs.
Conclusion
15. I propose that the Court:
(1) declare that, by not adopting or communicating to the Commission within the prescribed time-limit the laws, regulations and administrative provisions neces sary to comply with Council Directive 93/118/EC of 22 December 1993 amending Directive 85/73/EEC on the financing of health inspections and con trols of fresh meat and poultrymeat, the Hellenic Republic has failed to fulfil its obligations under Article 3(1) of the said directive;
(2) order the Hellenic Republic to pay the costs.
I-6118