C_2008128EN.01002301.xml

24.5.2008

Official Journal of the European Union

C 128/23

Action brought on 6 March 2008 — Commission of the European Communities v Hellenic Republic

(Case C-106/08)

(2008/C 128/41)

Language of the case: Greek

Parties

Applicant: Commission of the European Communities (represented by: G. Zavvos and N. Yerrell)

Defendant: Hellenic Republic

Form of order sought

The Court is asked to:

—

declare that, by failing to take all the measures necessary to ensure that vehicles put into service for the first time from 1 May 2006 must be fitted with recording equipment in accordance with the requirements of Annex IB to Regulation (EEC) No 3821/85 and to issue the corresponding driver cards, the Hellenic Republic has failed to fulfil its obligations under Article 2(1)(a) and (2) of Council Regulation (EC) No 2135/98, as amended by Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006;

—	order Hellenic Republic to pay the costs.

Pleas in law and main arguments

Article 2(2) of the Regulation states that ‘Member States shall take the necessary measures to ensure that they are able to issue driver cards at the latest on the 20th day following the day of publication of Regulation (EC) No 561/2006’.

Regulation No 561/2006 was published in the Official Journal of the European Union on 11 April 2006 and it follows that the mandatory requirement of installation of a digital tachograph in all vehicles put into circulation in the European Union for the first time became applicable on 1 May 2006.

The Hellenic Republic responded to the Commission's reasoned opinion on 30 May 2007 and explained to the Commission that, taking into account every possible delay completing the procedure, issue of the digital tachograph cards to drivers would be possible by the end of 2007.

The Hellenic Republic responded to the Commission's reasoned opinion on 30 May 2007 and explained to the Commission that, taking into account every possible delay in completing the procedure, issue of the digital tachograph cards to drivers would be possible by the end of 2007.

The Commission asks the Court to order the Hellenic Republic to pay the costs.