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Case C-351/13: Action brought on 25 June 2013 — European Commission v Hellenic Republic
ECLI:EU:UNKNOWN:62013CN0351
62013CN0351
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7.9.2013
Official Journal of the European Union
C 260/27
(Case C-351/13)
2013/C 260/48
Language of the case: Greek
Parties
Applicant: European Commission (represented by: A. Markoulli and B. Schima)
Defendant: Hellenic Republic
Form of order sought
—declare that, by failing to ensure that from 1 January 2012 laying hens are no longer reared in unenriched cage systems, the Hellenic Republic has failed to fulfil its obligations under Article 3 and Article 5(2) of Council Directive 1999/74/EC (1) of 19 July 1999 laying down minimum standards for the protection of laying hens;
—order the Hellenic Republic to pay the costs.
Pleas in law and main arguments
Article 5(2) of Directive 1999/74/EC prohibits the rearing of laying hens in unenriched cage systems from 1 January 2012. In addition, Article 3 of Directive 1999/74/EC provides that the Member States are obliged to ensure that owners and holders apply in respect of laying hens only the rearing systems that are permitted by the directive.
The Commission directed the Member States’ attention to their obligations to comply with the abovementioned provisions of the directive from 2011. In accordance with the information which was supplied by the Hellenic Republic, it was clear that a significant number of owners and holders of establishments with laying hens would not be able to comply with the Hellenic Republic’s obligations under Directive 1999/74/EC by the date for compliance which is laid down by that directive.
It is apparent from the information which the Hellenic Republic has provided in the pre-litigation procedure and from more recent updates of that information that the Hellenic Republic has still not succeeded in complying with its obligations under Article 3 and Article 5(2) of Directive 1999/74/EC.
(1) OJ 1999 L 203, p. 53.