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Opinion of Mr Advocate General Alber delivered on 14 June 2001. # Commission of the European Communities v Hellenic Republic. # Failure by a Member State to fulfil its obligations - Directive 95/69/EC - Animal nutrition - Non-implementation. # Case C-457/99.
ECLI:EU:C:2001:335
61999CC0457
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Important legal notice
61999C0457
European Court reports 2001 Page I-07499
Opinion of the Advocate-General
I - Facts, procedure and forms of order sought by the parties
3. The Commission did not receive any information from the Hellenic Republic concerning implementation. That is why on 16 July 1998 it sent the latter a letter of formal notice requesting it to submit observations within two months. That letter remained unanswered. On 18 January 1999, the Commission therefore sent the Hellenic Republic a reasoned opinion, in which a final two-month period for implementation was set. That reasoned opinion also remained unanswered. Consequently, the Commission of the European Communities brought the present default proceedings against the Hellenic Republic, the application being registered at the Court Registry on 1 December 1999.
-declare that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Council Directive 95/69/EC of 22 December 1995 laying down the conditions and arrangements for approving and registering certain establishments and intermediaries operating in the animal feed sector and amending Directives 70/524/EEC, 74/63/EEC, 79/373/EEC and 82/471/EEC, the Hellenic Republic has failed to fulfil its obligations under the EC Treaty and that directive;
-order the Hellenic Republic to pay the costs.
II - Legal analysis
Arguments of the parties
Analysis
8. At the decisive moment in the Treaty infringement procedure, namely on the expiry of the two-month period fixed in the reasoned opinion, which had begun on 18 January 1999, the fault complained of had still not been remedied - even allowing for possible extension of the time-limit to allow for the post. The action against the Hellenic Republic must therefore be upheld.
III - Conclusion
10. Therefore I propose that the Court of Justice should:
(1) declare that, by failing to adopt the laws, regulations and administrative provisions necessary to transpose Council Directive 95/69/EC of 22 December 1995 laying down the conditions and arrangements for approving and registering certain establishments and intermediaries operating in the animal feed sector and amending Directives 70/524/EEC, 74/63/EEC, 79/373/EEC and 82/471/EEC, the Hellenic Republic has failed to fulfil its obligations under the EC Treaty and that directive;
(2) order the Hellenic Republic to pay the costs of the proceedings.