C-176/00

1. The Commission of the European Com- obligations include observing the time- munities is seeking a declaration from the limits prescribed by directives. Court of Justice that, by failing to adopt the laws, regulations and administrative provi- sions necessary to comply with Council 3. In the present case Article 2 of Directive Directives 96/24/EC of 29 April 1996 96/24 and Article 17 of Directive 96/25 amending Directive 79/373/EEC on the provide that Member States are to bring marketing of compound feedingstuffs 2 into force not later than 30 June 1998 the and 96/25/EC of 29 April 1996 on the laws, regulations and administrative provi- circulation of feed materials, amending sions necessary to comply with the direc- Directives 70/524/EEC, 74/63/EEC, tives and that they are to inform the 82/471/EEC and 93/74/EEC and repealing Commission as soon as they have done so. Directive 77/101/EEC, 3 the Hellenic Republic has failed to fulfil its obligations under the EC Treaty and those directives. 4. The Hellenic Republic concurs with that analysis and, furthermore, its defence con- tains an admission that the necessary measures were not adopted either within the period prescribed by Directives 96/24 and 96/25, or subsequently. 2. The Commission observes in that regard that under the third paragraph of Arti- cle 249 EC a directive is binding, as to the result to be achieved, upon each Member 5. It does point out, however, that the State to which it is addressed, but leaves to competent authorities within the Ministry the national authorities the choice of form of Agriculture will very shortly be coming and methods for achieving that result. The to the end of preparing the measures Commission adds that, in accordance with necessary for transposition. the first paragraph of Article 10 EC, Mem- ber States are to take all appropriate measures, whether general or particular, to ensure fulfilment of the obligations 6. It must be recalled, however, that it is arising out of the Treaty or resulting from settled case-law that the question whether a action taken by the institutions of the Member State has failed to fulfil its obliga- Community and points out that those tions must be determined by reference to the end of the period laid down in the reasoned opinion. 4As we have seen, it is 1 — Original language: French. 2 — OJ 1996 L 125, p. 33. 3 — OJ 1996 L 125, p. 35. 4 — Case C-166/97 Commission v trance [1999] ECR I-1719.

— the defendant is to pay the costs.

I - 2065