JUDGMENT OF THE COURT (First Chamber)

16 December 1999 (1)

(Failure by a Member State to fulfil its obligations — Failure to transposeDirective 96/43/EC)

In Case C-137/99,

Commission of the European Communities, represented by M. Condou-Durande,of its Legal Service, acting as Agent, with an address for service in Luxembourg atthe office of C. Gómez de la Cruz, of its Legal Service, Wagner Centre, Kirchberg,

applicant,

v

Hellenic Republic, represented by V. Kontolaimos, Legal Adviser in the State LegalService, and D. Tsagkaraki, Legal Assistant in the European Law Department ofthe Special Legal Service of the Ministry of Foreign Affairs, acting as Agents, withan address for service in Luxembourg at the Greek Embassy, 117 Val Sainte-Croix,

defendant,

APPLICATION for a declaration that, by failing to adopt the laws, regulations andadministrative provisions necessary in order to comply with Council Directive96/43/EC of 26 June 1996 amending and consolidating Directive 85/73/EEC inorder to ensure financing of veterinary inspections and controls on live animals andcertain animal products and amending Directives 90/675/EEC and 91/496/EEC (OJ

1996 L 162, p. 1), the Hellenic Republic has failed to fulfil its obligations under theEC Treaty and under that directive,

THE COURT (First Chamber),

composed of: L. Sevón, President of the Chamber, P. Jann (Rapporteur) andM. Wathelet, Judges,

Advocate General: N. Fennelly,

Registrar: R. Grass,

having regard to the report of the Judge-Rapporteur,

after hearing the Opinion of the Advocate General at the sitting on 28 October1999,

gives the following

Judgment

1.

    By application lodged at the Court Registry on 19 April 1999 the Commission ofthe European Communities brought an action under Article 169 of the EC Treaty(now Article 226 EC) for a declaration that, by failing to adopt the laws,regulations and administrative provisions necessary in order to comply with CouncilDirective 96/43/EC of 26 June 1996 amending and consolidating Directive85/73/EEC in order to ensure financing of veterinary inspections and controls onlive animals and certain animal products and amending Directives 90/675/EEC and91/496/EEC (OJ 1996 L 162, p. 1), the Hellenic Republic has failed to fulfil itsobligations under the EC Treaty and under that directive.

2.

    Article 1 of Directive 96/43 provides that the title, the articles and the annexes toCouncil Directive 85/73/EEC of 29 January 1985 on the financing of healthinspections and controls of fresh meat and poultrymeat (OJ 1985 L 32, p. 14) areto be replaced by the text set out in the annex to Directive 96/43. The new titleof Directive 85/73 is henceforth Council Directive 85/73/EEC of 29 January 1985on the financing of veterinary inspections and controls covered by Directives89/662/EEC, 90/425/EEC, 90/675/EEC and 91/496/EEC.

3.

    The first and second subparagraphs of Article 4(1) of Directive 96/43 provide asfollows in relation to the implementation of Directive 85/73, as amended andconsolidated by Directive 96/43:

'Member States shall bring into force laws, regulations and administrativeprovisions necessary to comply with:

(i)    the provisions of Article 7 and of Chapter I(1)(e) of Annex A by 1 July1996;

(ii)    the provisions of Chapter II, Section II of Chapter III of Annex A andChapter II of Annex C by 1 January 1997;

(iii)    other amendments by 1 July 1997.

Member States shall have a further period which can extend to 1 July 1999 withinwhich to comply with the provisions of Section I of Chapter III of Annex A.‘

4.

    Having received no notification of any provision intended to transpose Directive96/43 into Greek law, and in the absence of any other information from which itcould conclude that the Hellenic Republic had fulfilled its obligation to do so, theCommission, by letter of 5 November 1997, gave that Member State two months'formal notice in which to submit its observations, in accordance with the procedureprovided for in Article 169 of the Treaty.

5.

    The Greek authorities replied by letter of 8 January 1998, stating that they werepreparing the measures necessary in order to transpose Directive 96/43 intonational law.

6.

    On 29 July 1998 the Commission, considering that those measures had not yet beentaken, sent a reasoned opinion to the Hellenic Republic requiring it to take themeasures needed to comply with its obligations under Directive 96/43 within twomonths from notification of that opinion.

7.

    In the absence of confirmation from the Hellenic Republic of the transposition ofDirective 96/43, the Commission brought the present action.

8.

    The Hellenic Republic states that the Ministry of Agriculture has included, in adraft law which has already been signed, a provision laying down rules concerningthe matters addressed by Directive 96/43. According to that draft, decrees are tobe enacted jointly by the Ministries of Finance and Agriculture, providing for thefixing and collection of fees in order to ensure financing of veterinary inspectionsand controls.

9.

    It is apparent from those explanations that the provisions referred to in the firstsubparagraph of Article 4(1) of Directive 96/43 have not been transposed withinthe periods prescribed by that article. Consequently, the action brought by theCommission in that regard must be regarded as well founded.

10.

    As regards, on the other hand, the provisions referred to in the secondsubparagraph of Article 4(1) of Directive 96/43, it should be noted that, accordingto the wording of that article, Member States are to have a further period, whichmay extend to 1 July 1999, in which to transpose the provisions in question. Sincethat period had not yet expired on the date by which the Hellenic Republic wasrequired by the Commission to comply with the reasoned opinion, the action mustbe dismissed in so far as it also concerns adoption of the measures necessary inorder to comply with the provisions referred to in the second subparagraph ofArticle 4(1) of Directive 96/43.

11.

    It must therefore be held that, by failing to adopt within the prescribed period thelaws, regulations and administrative provisions necessary to comply with theprovisions referred to in the first subparagraph of Article 4(1) of Directive 96/43,the Hellenic Republic has failed to fulfil its obligations under that article. Theremainder of the action must be dismissed.

Costs

12.

    Under Article 69(2) of the Rules of Procedure, the unsuccessful party is to beordered to pay the costs if they have been applied for in the successful party'spleadings. Since the Commission has asked that the Hellenic Republic be orderedto pay the costs and the latter has been essentially unsuccessful, it must be orderedto pay the costs.

On those grounds,

THE COURT (First Chamber)

hereby:

1.    Declares that, by failing to adopt within the prescribed period the laws,regulations and administrative provisions necessary to comply with theprovisions referred to in the first subparagraph of Article 4(1) of CouncilDirective 96/43/EC of 26 June 1996 amending and consolidating Directive85/73/EEC in order to ensure financing of veterinary inspections andcontrols on live animals and certain animal products and amendingDirectives 90/675/EEC and 91/496/EEC, the Hellenic Republic has failed tofulfil its obligations under that article;

2.    Dismisses the remainder of the action;

3.    Orders the Hellenic Republic to pay the costs.

SevónJann Wathelet

Delivered in open court in Luxembourg on 16 December 1999.

R. Grass

L. Sevón

Registrar

President of the First Chamber

1: Language of the case: Greek.