Judgment of the Court (Sixth Chamber) of 15 February 2001 in Case C-230/99: Commission of the European Communities v French Republic (Failure of a Member State to fulfil its obligations — Infringement of Article 30 of the EC Treaty (now, after amendment, Article 28 EC) — National legislation concerning rubber materials and rubber articles entering into contact with foodstuffs, food products and beverages — Mutual recognition — No proper letter of formal notice — Action inadmissible)
Date: 2001-06-16
Institutions: Court of Justice
Subjects: European Commission, France, action for failure to fulfil an obligation, food inspection, foodstuff, rubber industry

16.6.2001

EN

Official Journal of the European Communities

C 173/7

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

of 15 February 2001

in Case C-99/98: Republic of Austria v Commission of the
European Communities (1)

(Action for annulment — Plan to grant State aid in the field
of power semiconductors — Notification of the Commission
— Content of the notification and of supplementary ques-
tions put by the Commission — Nature and duration of
the investigation — Commission’s right of objection —
Article 93(3) of the EC Treaty (now Article 88(3) EC))

(2001/C 173/10)

(Language of the case: German)

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

In Case C-99/98: Republic of Austria (Agent: W. Okresek) v
Commission of the European Communities (Agents: V. Kreu-
schitz and P.F. Nemitz) — application for annulment of
Commission Decision SG(98) D/1124 of 9 February 1998 to
open a formal investigation procedure under Article 93(2) of
the EC Treaty (now Article 88(2) EC) in respect of State aid
C 84/97 (ex N 509/96) in favour of Siemens Bauelemente
OHG, established in Villach, Austria — the Court, composed
of: C. Gulmann, President of the Sixth Chamber, acting as
President, A. La Pergola, M. Wathelet and V. Skoutis (Rappor-
teur), D.A.O. Edward, J.-P. Puissochet, P. Jann, L. Sevo´ n and
R. Schintgen, Judges; F.G. Jacobs, Advocate General; H. von
Holstein, Deputy Registrar, has given a judgment on 15 Febru-
ary 2001, in which it:

1. Annuls Commission Decision SG(98) D/1124 of 9 February
1998 to open a formal
investigation procedure under
Article 93(2) of the EC Treaty (now Article 88(2) EC) in
respect of State aid C 84/97 (ex N 509/96) in favour of
Siemens Bauelemente OHG;

(Sixth Chamber)

of 15 February 2001

in Case C-230/99: Commission of the European Communi-
ties v French Republic (1)

(Failure of a Member State to fulfil
its obligations —
Infringement of Article 30 of the EC Treaty (now, after
amendment, Article 28 EC) — National legislation concern-
ing rubber materials and rubber articles entering into contact
with foodstuffs, food products and beverages — Mutual
recognition — No proper letter of formal notice — Action
inadmissible)

(2001/C 173/11)

(Language of the case: French)

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

In Case C-230/99: Commission of the European Communities
(Agents: H. van Lier and O. Couvert-Castéra) v French Republic
(Agents: J.-F. Dobelle, R. Loosli-Surrans and K. Rispal-Bellang-
er) — application for a declaration that, by adopting the Order
of 9 November 1994 concerning rubber materials and rubber
articles entering into contact with foodstuffs, food products
and beverages (Journal Officiel de la République Française of
2 December 1994, p. 17029) without expressly providing for
recognition of technical rules, standards and manufacturing
processes lawfully followed in the other Member States and
recognition of the results of the related checks and tests carried
out by an inspectorate or a laboratory officially recognised in
another Member State, the French Republic has failed to fulfil
its obligations under Article 30 of the EC Treaty (now, after
amendment, Article 28 EC) — the Court (Sixth Chamber),
composed of: C. Gulmann, President of the Chamber, V. Skou-
ris, J.-P. Puissochet, R. Schintgen and F. Macken (Rapporteur),
Judges; S. Alber, Advocate General; H. von Holstein, Deputy
Registrar, has given a judgment on 15 February 2001, in
which it:

2. Orders the Commission of the European Communities to pay

the costs.

1. Dismisses the action as inadmissible;

(1) OJ C 209 of 4.7.1998.

2. Orders the parties to bear their own costs.

(1) OJ C 226 of 7.8.1999.