C-166/00
ECLI:EU:C:2001:475
- Súd
- Súdny dvor Európskej únie
- IČS
- 62000CC0166
- Zdroj
- eur-lex.europa.eu ↗
OPINION OF MR LÉGER — CASE C-166/00
O P I N I O N OF ADVOCATE GENERAL LÉGER delivered on 20 September 2001 1
1. In this action the Commission of the 2. According to its settled case-law, the European Communities seeks a declaration Court of Justice considers that, in an action that, by failing to adopt, within the pre- under Article 226 EC, the question whether scribed period, the laws, regulations and a Member State has failed to fulfil its administrative provisions necessary to com- obligations must be determined by refer- ply with Directives 97/41/EC, 2 98/51/E C 3 ence to the situation prevailing in the and 98/67/EC, 4the Hellenic Republic has Member State at the end of the period laid down in the reasoned opinion. 6 failed to fulfil its obligations under those directives. 5
3. In this case it is clear from the docu- ments before the Court that, at the end of the period of two months fixed by the reasoned opinion, that is 5 October 1999, the Hellenic Republic had not adopted the 1 — Original language: French. laws, regulations and administrative provi- 2 — Council Directive of 25 June 1997 amending Directives 76/895/EEC, 86/362/EEC, 86/363/EEC and 90/642/EEC sions necessary to comply with Directives relating to the fixing of maximum levels for pesticide 97/41, 98/51 and 98/67. The Greek Gov- residues in and on, respectively, fruit and vegetables, cereals, foodstuffs of animal origin, and certain products of plant ernment does not dispute those facts, even origin, including fruit and vegetables (OJ 1997 L 184, p. 33). though it seeks the dismissal of the action. 3 — Commission Directive 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). 4 — Commission Directive 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). 5 — Originally, the Commission's action also sought a declara- tion that the Hellenic Republic had failed to adopt the laws, regulations and administrative provisions necessary to comply with 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). However, by notice lodged on 3 May 2001, the Commission discontinued the part of its 6 — See, for example, Case C-315/98 Commission v Italy [19991 action concerning that directive. ECR I-8001, paragraph 11.
I - 9836
COMMISSION v GREECE
Conclusion
Therefore, I suggest that the Court should uphold the Commission's action and declare that:
(1) By failing to adopt, within the prescribed period, the laws, regulations and administrative provisions necessary to comply with Directives:
— 97/41/EC of the Council 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,
— 98/51/EC of the Commission 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
— 98/67/EC of the Commission 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,
I - 9837
OPINION OF MR LÉGER — CASE C-166/00
the Hellenic Republic has failed to fulfil its obligations under Article 5(1) of Directive 97/41, Article 10(1) of Directive 98/51 and Article 7(1) of Directive 98/67.
(2) The Hellenic Republic is ordered to pay the costs.
I - 9838