Judgment of the Court (Fourth Chamber) of 18 January 2001 in Case C-151/00: Commission of the European Communities v French Republic (Failure by a Member State to fulfil its obligations — Directive 97/66/EC — Processing of personal data and protection of privacy in the telecommunications sector — Non-transposition)
Date: 2001-05-19
Institutions: Court of Justice
Subjects: European Commission, France, action for failure to fulfil an obligation, data processing, personal data, protection of privacy

19.5.2001

EN

Official Journal of the European Communities

C 150/7

1.

Declares that, by failing to bring into force all of the laws,
regulations and administrative provisions necessary to comply
with Articles 8(3) and 9(2) of Directive 97/13/EC of the
European Parliament and of the Council of 10 April 1997 on
a common framework for general authorisations and individual
licences in the field of telecommunications services, the Grand
Duchy of Luxembourg has failed to fulfil its obligations under
that directive;

1. Declares that, by failing to bring into force within the prescribed
period the national measures transposing Articles 4(2), 6(1),
(3) and (4), 7, 8(2), (3), (4) and (6), 11(2) and 12 of
Directive 97/66/EC of the European Parliament and of the
Council of 15 December 1997 concerning the processing of
personal data and the protection of privacy in the telecommuni-
cations sector, the French Republic has failed to fulfil
its
obligations under Article 15 of that directive;

2.

Orders the Grand Duchy of Luxembourg to bear the costs.

2. Orders the French Republic to pay the costs.

(1) OJ C 34 of 5.02.2000.

(1) OJ C 192 of 8.07.2000.

JUDGMENT OF THE COURT

(Fourth Chamber)

of 18 January 2001

in Case C-151/00: Commission of the European Communi-
ties v French Republic (1)

(Failure by a Member State to fulfil its obligations —
Directive 97/66/EC — Processing of personal data and
protection of privacy in the telecommunications sector —
Non-transposition)

(2001/C 150/12)

(Language of the case: French)

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

In Case C-151/00: Commission of the European Communities
(Agent: B. Mongin) v French Republic (Agents: K. Rispal-
Bellanger and A. Lercher) — application for a declaration that,
by failing to bring into force and to communicate to the
Commission within the prescribed period the national
measures transposing Articles 4(2), 6(1), (3) and (4), 7, 8(2),
(3), (4) and (6), 11(2) and 12 of Directive 97/66/EC of the
European Parliament and of the Council of 15 December 1997
concerning the processing of personal data and the protection
of privacy in the telecommunications sector (OJ 1998 L 24,
p. 1), the French Republic has failed to fulfil its obligations
(Fourth
under Article 15 of
Chamber), composed of: A. La Pergola, President of
the
Chamber, D.A.O. Edward (Rapporteur) and S. von Bahr, Judges;
S. Alber, Advocate General; R. Grass, Registrar, has given a
judgment on 18 January 2001, in which it:

that directive — the Court

JUDGMENT OF THE COURT

(Sixth Chamber)

of 25 January 2001

in Case C-429/97: Commission of the European Communi-
ties v French Republic (1)

(Failure by a Member State to fulfil its obligations — VAT
— Eighth Directive — Refund of VAT paid in another
Member State — Sixth Directive — Place of supply —
Services relating to the collection, sorting, transport and
disposal of waste)

(2001/C 150/13)

(Language of the case: French)

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

In Case C-429/97: Commission of the European Communities
(Agents: H. Michard and E. Traversa) v French Republic
(Agents: initially by K. Rispal-Bellanger and G. Mignot, then by
K. Rispal-Bellanger and S. Seam,) — application for a declar-
ation that, by refusing to refund value added tax to taxable
persons not established in France, in cases where those taxable
persons had subcontracted part of their work to a taxable
person established in France, the French Republic has failed
to fulfil
its obligations under the Eighth Council Directive
79/1072/EEC of 6 December 1979 on the harmonisation of
the laws of the Member States relating to turnover taxes —
Arrangements for the refund of value added tax to taxable
persons not established in the territory of the country (OJ
1979 L 331, p. 11), in particular Article 2 thereof — the Court
(Sixth Chamber), composed of: C. Gulmann, President of the
Chamber, V. Skouris (Rapporteur) and J.-P. Puissochet, Judges;
N. Fennelly, Advocate General; L. Hewlett, Administrator, for
the Registrar, has given a judgment on 25 January 2001, in
which it: