Judgment_paragraph 10 · C-122/09

10In answering that question, the Court stated as follows in paragraphs 17 to 19 of the order in Case C-285/05:17 … [W]here the regulation concerned grants a Member State a specified period in which to comply with the obligations resulting from it, the regulation may not be relied on by individuals before the expiry of the period in question (see, to that effect, Case C-156/91 Hansa Fleisch Ernst Mundt [1992] ECR I-5567, paragraph 20).18 In the case of Regulation No 3577/92, it is apparent from Article 6(2) and (3) that Greek island cabotage, as regards regular passenger and ferry services and services provided by vessels less than 650 gt, is exempted from the implementation of the regulation until 1 January 2004. The wording of that provision is such that derogations from the temporary exemption are not permitted. It follows that, in this particular cabotage sector, the regulation did not begin to have effects until 1 January 2004 and can therefore confer rights on individuals only from that date (see also, to that effect, [Case 43/71] Politi [[1971] ECR 1039], paragraph 10).19 That interpretation cannot be invalidated on the basis of the reasoning followed by the Court in Case C-129/96 Inter-Environnement Wallonie [1997] ECR I-7411, paragraph 45, where it was held that, although the Member States were not obliged to adopt measures before the end of the period prescribed for transposition, it followed from the second paragraph of Article 10 EC in conjunction with the third paragraph of Article 249 EC and from Council Directive 91/156/EEC of 18 March 1991 amending Directive 75/442/EEC on waste (OJ 1991 L 78, p. 32) that during that period they had to refrain from taking any measures liable seriously to compromise the result prescribed by the directive. Even if the temporary derogation laid down by Regulation No 3577/92 can be equated with the period for transposing a directive, it is not in any event apparent from the order for reference that it is alleged in the main proceedings that the Hellenic Republic took measures liable seriously to compromise the application of that regulation from 1 January 2004.’

Enosi Efopliston Aktoploïas and Others v Ypourgos Emporikis Naftilías and Ypourgos Aigaíou (C-122/09)

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