# C_2009044EN.01000801.xml

| 21.2.2009 | EN | Official Journal of the European Union | C 44/8 |
| --- | --- | --- | --- |

21.2.2009

EN

Official Journal of the European Union

C 44/8

---

Judgment of the Court (Grand Chamber) of 9 December 2008 — Commission of the European Communities v French Republic

(Case C-121/07) (1)

1

(Failure of a Member State to fulfil obligations - Directive 2001/18/EC - Deliberate release into the environment and placing on the market of GMOs - Judgment of the Court establishing the failure of a Member State to fulfil its obligations - Non-compliance - Article 228 EC - Judgment complied with during the proceedings - Pecuniary penalties)

(2009/C 44/12)

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 (represented by: E. Belliard, S. Gasri and G. de Bergues, acting as Agents)

Defendant:

Intervener in support of the defendant: Czech Republic (represented by: initially, T. Boček and, subsequently, M. Smolek, acting as Agents)

Intervener in support of the defendant:

Re:

Failure of a Member State to fulfil its obligations — Failure to comply with the judgment of the Court of 15 July 2004 in Case C-419/03 concerning the failure to transpose 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 on the deliberate release into the environment of genetically modified organisms (OJ 2001 L 106, p. 1), which diverge from or go beyond the provisions of that directive — Application for the imposition of a penalty payment and a lump sum payment

Operative part of the judgment

The Court:

| 1. | Declares that, by failing to take, by the date on which the deadline imposed in the reasoned opinion expired, all the measures necessary to comply with the judgment of 15 July 2004 in Case C-419/03 Commission v France concerning its failure to transpose into national law the provisions of 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, which diverge from or go beyond the provisions of Council Directive 90/220/EEC of 23 April 1990 on the deliberate release into the environment of genetically modified organisms, the French Republic has failed to fulfil its obligations under Article 228(1) EC; |
| --- | --- |

1.

Declares that, by failing to take, by the date on which the deadline imposed in the reasoned opinion expired, all the measures necessary to comply with the judgment of 15 July 2004 in Case C-419/03 Commission v France concerning its failure to transpose into national law the provisions of 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, which diverge from or go beyond the provisions of Council Directive 90/220/EEC of 23 April 1990 on the deliberate release into the environment of genetically modified organisms, the French Republic has failed to fulfil its obligations under Article 228(1) EC;

Commission

France

| 2. | Orders the French Republic to pay to the Commission of the European Communities, into the ‘European Community own resources’ account, a lump sum of EUR 10 million; |
| --- | --- |

2.

Orders the French Republic to pay to the Commission of the European Communities, into the ‘European Community own resources’ account, a lump sum of EUR 10 million;

| 3. | Orders the French Republic to pay the costs; |
| --- | --- |

3.

Orders the French Republic to pay the costs;

| 4. | Orders the Czech Republic to bear its own costs. |
| --- | --- |

4.

Orders the Czech Republic to bear its own costs.

---

(1)  OJ C 95, 28.4.2007.

1

---