# C_2007095EN.01003102.xml

| 28.4.2007 | EN | Official Journal of the European Union | C 95/31 |
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28.4.2007

EN

Official Journal of the European Union

C 95/31

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Action brought on 28 February 2007 — Commission of the European Communities v French Republic

(Case C-121/07)

(2007/C 95/59)

Language of the case: French

Parties

Applicant: Commission of the European Communities (represented by: B. Stromsky and C. Zadra, acting as Agents)

Applicant:

Defendant: French Republic

Defendant:

Form of order sought

| — | declare that, by failing to take all the measures necessary to comply with the judgment of the Court of Justice of the European Communities of 15 July 2004 in Case C-419/03 (1) concerning the failure to transpose into national law the provisions of Directive 2001/18/EC Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC (2) which diverge from or exceed the provisions of Council Directive 90/220/EEC of 23 April 1990 on the deliberate release into the environment of genetically modified organisms (3), the French Republic has failed to fulfil its obligations under Article 228(1) of the Treaty Establishing the European Community; |
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declare that, by failing to take all the measures necessary to comply with the judgment of the Court of Justice of the European Communities of 15 July 2004 in Case C-419/03 (1) concerning the failure to transpose into national law the provisions of Directive 2001/18/EC Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC (2) which diverge from or exceed the provisions of Council Directive 90/220/EEC of 23 April 1990 on the deliberate release into the environment of genetically modified organisms (3), the French Republic has failed to fulfil its obligations under Article 228(1) of the Treaty Establishing the European Community;

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| — | order the French Republic to pay to pay into the Commission's ‘European Community own resources ’account a periodic penalty payment of EUR 366 744 for each day of delay in complying with judgment in Case C-419/03 from the date of judgment herein until the judgment in Case C-419/03 has been complied with in full; |
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order the French Republic to pay to pay into the Commission's ‘European Community own resources ’account a periodic penalty payment of EUR 366 744 for each day of delay in complying with judgment in Case C-419/03 from the date of judgment herein until the judgment in Case C-419/03 has been complied with in full;

| — | order the French Republic to pay to pay into the Commission's ‘European Community own resources ’account a lump sum of EUR 46 660 for day of delay in complying with the judgment in Case C-419/03 from the date of the judgment in Case C-419/03 until either:






  — | the judgment in Case C-419/03 has been fully complied with (if that is the case before the judgment is delivered in this case), or |
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order the French Republic to pay to pay into the Commission's ‘European Community own resources ’account a lump sum of EUR 46 660 for day of delay in complying with the judgment in Case C-419/03 from the date of the judgment in Case C-419/03 until either:

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the judgment in Case C-419/03 has been fully complied with (if that is the case before the judgment is delivered in this case), or

| — | the judgment has been delivered in this case (if the judgment delivered in Case C-419/03 has not been fully complied with at that time); |
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the judgment has been delivered in this case (if the judgment delivered in Case C-419/03 has not been fully complied with at that time);

| — | order French Republic to pay the costs. |
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order French Republic to pay the costs.

Pleas in law and main arguments

More than four years after the expiry of the period prescribed for the transposition of Directive 2001/18 and more than 28 months after the judgment of the Court of 15 July 2004 in Case C-419/03 declaring that the French Republic had failed to fulfil its obligation to transpose that directive, the French Republic has still failed to take the measures necessary to comply with that judgment. Therefore, the Commission proposes that the French Republic should be ordered to pay a fine and a periodic penalty payment to reflect the seriousness of that infringement and its impact on the pursuit of the objectives pursued by the Community legislature.

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(1)  Judgment not published in the ECR.

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(2)  OJ 1990 L 106, p. 1.

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(3)  OJ 1990 L 117, p. 15.

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