Judgment of the Court (Third Chamber) of 23 November 2000 in Case C-320/99: Commission of the European Communities v French Republic (Failure by a Member State to fulfil its obligations — Directive 97/68/EC — Non-road mobile machinery — Emission of gaseous and particulate pollutants)
Date: 2001-03-10
Institutions: Court of Justice
Subjects: European Commission, France, action for failure to fulfil an obligation, approximation of laws, atmospheric pollutant, motor vehicle

10.3.2001

EN

Official Journal of the European Communities

C 79/3

for the transmission of television signals (OJ 1995 L 281,
p. 51) or by not taking the measures necessary to comply
therewith, the French Republic has failed to fulfil its obligations
under that directive — the Court (Third Chamber), composed
of: C. Gulmann (Rapporteur), President of the Chamber, J.-P.
Puissochet and F. Macken, Judges; A. Saggio, Advocate General;
R. Grass, Registrar, has given a judgment on 23 November
2000, in which it:

1. Declares that, by failing to adopt within the prescribed period
the laws, regulations and administrative provisions necessary to
comply with Directive 95/47/EC of the European Parliament
and of the Council of 24 October 1995 on the use of standards
for the transmission of television signals, the French Republic
has failed to fulfil its obligations under that directive;

2. Orders the French Republic to pay the costs.

(1) OJ C 299 of 16.10.1999.

the
communicating those provisions to the Commission,
French Republic has failed to fulfil
its obligations under
that directive — the Court (Third Chamber), composed of:
C. Gulmann (Rapporteur), President of the Chamber,
J.-P.
Puissochet and F. Macken, Judges; A. Saggio, Advocate General;
R. Grass, Registrar, has given a judgment on 23 November
2000, in which it:

1. Declares that, by failing to adopt within the prescribed period
the laws, regulations and administrative provisions necessary to
comply with Directive 97/68/EC of the European Parliament
and of the Council of 16 December 1997 on the approximation
of the laws of the Member States relating to measures against
the emission of gaseous and particulate pollutants
from
internal combustion engines to be installed in non-road mobile
machinery, the French Republic has failed to fulfil its obligations
under that directive;

2. Orders the French Republic to pay the costs.

(1) OJ C 299 of 16.10.1999.

JUDGMENT OF THE COURT

(Third Chamber)

of 23 November 2000

JUDGMENT OF THE COURT

(Fifth Chamber)

of 30 November 2000

in Case C-320/99: Commission of the European Communi-
ties v French Republic (1)

(Failure by a Member State to fulfil its obligations —
Directive 97/68/EC — Non-road mobile machinery —
Emission of gaseous and particulate pollutants)

in Case C-436/98 (reference for a preliminary ruling from
the Supreme Court): HMIL Ltd v Minister for Agriculture,
Food and Forestry (1)

(Agriculture — Common organisation of the markets —
Special export refunds and private storage aid for certain
pieces of beef)

(2001/C 79/05)

(Language of the case: French)

(2001/C 79/06)

(Language of the case: English)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-320/99: Commission of the European Communities
(Agent: M. Nolin) v French Republic (Agents: K. Rispal-
Bellanger and G. Taillandier) — application for a declaration
that, by not adopting within the prescribed period the laws,
regulations and administrative provisions necessary to comply
with Directive 97/68/EC of the European Parliament and of
the Council of 16 December 1997 on the approximation of
the laws of the Member States relating to measures against the
emission of gaseous and particulate pollutants from internal
combustion engines to be installed in non-road mobile
machinery (OJ 1998 L 59, p. 1) or, in any event, by not

In Case C-436/98: reference to the Court under Article 177 of
the EC Treaty (now Article 234 EC) from the Supreme Court
(Ireland), for a preliminary ruling in the proceedings pending
before that court between HMIL Ltd and Minister for Agri-
culture, Food and Forestry — on the interpretation of Com-
mission Regulation (EEC) No 1964/82 of 20 July 1982 laying
down the conditions for granting special export refunds on
certain cuts of boned meat of bovine animals (OJ 1982 L 212,
p. 48, and the corrigendum at OJ 1982 L 273, p. 43), as
amended by Commission Regulation (EEC) No 3169/87 of
23 October 1987 amending Regulations (EEC) No 32/82,
(EEC) No 1964/82 and (EEC) No 74/84 in the matter of
customs export formalities for certain beef on which special
refunds are granted (OJ 1987 L 301, p. 21), and of Commission
Regulation (EEC) No 2675/88 of 29 August 1988 providing