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Opinion of Mr Advocate General Fennelly delivered on 6 April 2000. # Commission of the European Communities v Hellenic Republic. # Failure of a Member State to fulfil its obligations - Incomplete transposition of Directive 90/675/EEC. # Case C-470/98.
ECLI:EU:C:2000:194
61998CC0470
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Important legal notice
61998C0470
European Court reports 2000 Page I-04657
Opinion of the Advocate-General
1. The present infringement action was commenced by the Commission under Article 169 of the EC Treaty (now Article 226 EC) in respect of the non-implementation by the Hellenic Republic of two provisions of Council Directive 90/675/EEC of 10 December 1990 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries (hereinafter the Directive). The provisions in question are Articles 3(ii) and 4 of the Directive.
3. It is not disputed that Greece implemented the major part of the Directive by Presidential Decree No 420/93. However, this Decree contains no provision regarding the recovery of inspection fees in accordance with Articles 3(ii) and 4(7) of the Directive. The Commission raised this lacuna in a letter of formal notice of 27 December 1996. In their reply of 14 March 1997, the Greek authorities stated that they had prepared a draft amendment of this Decree which would permit the Minister for Agriculture to fix the appropriate fees by order. The Commission received no further information about the adoption of the draft amendment and addressed a reasoned opinion to Greece on 13 March 1998, inviting it to adopt the necessary measures to comply with Articles 3(ii) and 4 of the Directive within two months. Greece did not reply to the reasoned opinion.
Conclusion
(1) Declare that the Hellenic Republic is in breach of its obligations under the Treaty and under Council Directive 90/675/EEC of 10 December 1990 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries, by virtue of its failure to implement, by the end of the prescribed period, the measures necessary to ensure the recovery of the cost of veterinary and administrative checks from the consignors or consignees of third-country products, or their agents, as required by Articles 3(ii) and 4 of that Directive;
(2) Order the Hellenic Republic to pay the costs of these proceedings.