Judgment of the Court (Second Chamber) of 23 April 2009 – Commission v Greece

(Case C‑331/07)

Failure of a Member State to fulfil obligations – Animal feed and food law – Regulation (EC) No 882/2004 – Shortage of staff assigned to the services responsible for veterinary controls

1. Actions for failure to fulfil obligations – Subject-matter of the dispute – Determination during the procedure prior to the action – Altered by reason of a change in Community law – Whether lawful – Conditions (Art. 226 EC) (see para. 23)

2. Actions for failure to fulfil obligations – Pre-litigation procedure – Purpose (Art. 226 EC) (see paras 26-27)

3. Actions for failure to fulfil obligations – Action in respect of an administrative practice contrary to Community law – Lawfulness – Conditions (Art. 10 EC, 211 EC and 226 EC) (see paras 32-36)

4. Approximation of laws – Official control of animal feed and food (European Parliament and Council Regulation No 882/2004, Art. 4(2)(c)) (see paras 45-46)

5. Actions for failure to fulfil obligations – Examination of the merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC) (see para. 47)

Re:

Operative part

The Court:

1.Declares that, by not having adopted all the measures necessary to remedy the shortage of staff assigned to the services responsible for veterinary controls in Greece, the Hellenic Republic has failed to fulfil its obligations under Article 4(2)(c) of Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules;

2.Dismisses the action as to the remainder;

3.Orders the Hellenic Republic to pay the costs.