61990J0309

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Member States - Obligations - Implementation of directives - Failure to fulfil obligations not disputed

(EEC Treaty, Art. 169)

In Case C-309/90,

Commission of the European Communities, represented by D. Gouloussis, Legal Adviser, with an address for service in Luxembourg at the office of R. Hayder, representing the Commission' s Legal Service, Wagner Centre, Kirchberg,

applicant,

v

Hellenic Republic, represented by E. Skandalou, a member of the Special Department for Community Matters at the Ministry of Foreign Affairs, with an address for service in Luxembourg at the Greek Embassy, 117 Val Sainte Croix,

defendant,

APPLICATION for a declaration that, by failing to adopt and to communicate to the Commission within the prescribed periods the laws, regulations and administrative measures necessary to comply with Council Directive 85/384/EEC of 10 June 1985 on the mutual recognition of diplomas, certificates and other evidence of formal qualifications in architecture, including measures to facilitate the effective exercise of the right of establishment and freedom to provide services (Official Journal 1985 L 223, p. 15), Council Directive 85/614/EEC of 20 December 1985 amending, on account of the accession of Spain and Portugal, Directive 85/384/EEC (Official Journal 1985 L 376, p. 1) and Council Directive 86/17/EEC of 27 January 1986 amending, on account of the accession of Portugal, Directive 85/384/EEC (Official Journal 1986 L 27, p. 71, corrigendum published in Official Journal 1986 L 87, p. 36), the Hellenic Republic has failed to fulfil its obligations under the EEC Treaty.

THE COURT,

composed of: O. Due, President, F.A. Schockweiler, F. Grévisse and P.J.G. Kapteyn (Presidents of Chambers), G.F. Mancini, C.N. Kakouris, J.C. Moitinho de Almeida, M. Díez de Velasco and M. Zuleeg, Judges,

(The grounds of the judgment are not reproduced).

hereby:

1. Declares that, by failing to adopt and communicate to the Commission, within the prescribed periods, the laws, regulations and administrative measures necessary to comply with Council Directive 85/384/EEC of 10 June 1985 on the mutual recognition of diplomas, certificates and other evidence of formal qualifications in architecture, including measures to facilitate the effective exercise of the right of establishment and freedom to provide services, Council Directive 85/614/EEC of 20 December 1985 amending, on account of the accession of Spain and Portugal, Directive 85/384/EEC, and Council Directive 86/17/EEC of 27 January 1986 amending, on account of the accession of Portugal, Directive 85/384/EEC, the Hellenic Republic has failed to fulfil its obligations under the EEC Treaty;

2. Orders the Hellenic Republic to pay the costs.