Judgment of the Court (Third Chamber) of 15 March 2001 in Case C-83/00: Commission of the European Communities v Kingdom of the Netherlands (Failure by a Member State to fulfil its obligations — Failure to transpose Directive 97/24/EC — Components and characteristics of two or three-wheel motor vehicles)
Date: 2001-06-16
Institutions: Court of Justice
Subjects: European Commission, Netherlands, action for failure to fulfil an obligation, technical standard, two-wheeled vehicle

C 173/20

EN

Official Journal of the European Communities

16.6.2001

(Agents: K. Rispal-Bellanger and S. Seam) — application for a
declaration that:

JUDGMENT OF THE COURT

— by retaining and applying rules providing for the appli-
cation of a formula for calculating the engine rating for
administrative purposes which is unfavourable to vehicles
fitted with a six-speed manual gearbox or five-speed
automatic transmission, which has discriminatory or
protectionist effects in the case of vehicles manufactured
in other Member States compared with similar or compet-
ing domestic vehicles, and

— by retaining provisions limiting the K factor for the
purposes of calculating the engine rating for tax purposes
of vehicles approved on an individual basis between
1 January 1978 and 12 January 1988 and which are
regarded as equivalent to type-approved vehicles having
an actual power output in excess of 100 kW,

the French Republic has failed to fulfil its obligations under
Article 95 of the EC Treaty (now, after amendment, Article 90
EC) — the Court
(Fifth Chamber), composed of: A. La
Pergola, President of the Chamber, M. Wathelet (Rapporteur),
Jann and L. Sevo´ n,
D.A.O. Edward, P.
Judges; S. Alber,
Advocate General; L. Hewlett, Administrator, for the Registrar,
has given a judgment on 15 March 2001, in which it:

1. Declares that by retaining and applying rules providing for the
application of a formula for calculating the engine rating for
administrative purposes which is unfavourable to vehicles fitted
with a six-speed manual gearbox or five-speed automatic
transmission, which has discriminatory or protectionist effects
in the case of vehicles manufactured in other Member States
compared with similar or competing domestic vehicles, the
French Republic has failed to fulfil its obligations under the
first paragraph of Article 95 of the EC Treaty (now, after
amendment, the first paragraph of Article 90 EC);

2. Orders the French Republic to pay the costs.

(1) OJ C 281 of 2.10.1999.

(Third Chamber)

of 15 March 2001

in Case C-83/00: Commission of the European Communi-
ties v Kingdom of the Netherlands (1)

(Failure by a Member State to fulfil its obligations —
Failure to transpose Directive 97/24/EC — Components and
characteristics of two or three-wheel motor vehicles)

(2001/C 173/34)

(Language of the case: Dutch)

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

In Case C-83/00: Commission of the European Communities
(Agent: C. van der Hauwaert) v Kingdom of the Netherlands
(Agents: M.A. Fierstra and J. van Bakel) application for a
declaration that, by failing within the prescribed period to
adopt
the laws, regulations and administrative measures
necessary in order to comply with Directive 97/24/EC of the
European Parliament and of the Council of 17 June 1997 on
certain components and characteristics of two or three-wheel
motor vehicles (OJ 1997 L 226, p. 1), the Kingdom of the
Netherlands has failed to comply with its obligations under
the EC Treaty — the Court (Third Chamber), composed of:
C. Gulmann, President of
the Chamber, F. Macken and
J.N. Cunha Rodrigues (Rapporteur), Judges; S. Alber, Advocate
General; R. Grass, Registrar, has given a judgment on 15 March
2001, in which it:

1. Declares that, by failing within the prescribed period to adopt
the laws, regulations and administrative measures necessary in
order to comply with Directive 97/24/EC of the European
Parliament and of the Council of 17 June 1997 on certain
components and characteristics of two or three-wheel motor
vehicles, the Kingdom of the Netherlands has failed to comply
with its obligations under the EC Treaty;

2. Orders the Kingdom of the Netherlands to pay the costs.

(1) OJ C 176 of 24.6.2000.