Judgment of the Court (Fifth Chamber) of 1 February 2001 in Case C-237/99: Commission of the European Communities v French Republic, supported by United Kingdom of Great Britain and Northern Ireland (Failure by a Member State to fulfil obligations — Directive 93/37/EEC — Public works contracts — Concept of "contracting authority")
Date: 2001-06-16
Institutions: Court of Justice
Subjects: European Commission, France, action for failure to fulfil an obligation, administrative procedure, subsidised housing, works contract

C 173/4

EN

Official Journal of the European Communities

16.6.2001

1. Where an examination of goods has been ordered by the
customs authority for the purposes of verifying a declaration
which has been accepted and it has proved impossible to carry
out the examination because the goods have been removed from
the place of temporary storage without the authorisation of the
relevant customs authority, the customs debt on importation is
incurred under Article 203(1) of Council Regulation (EEC)
No 2913/92 of 12 October 1992 establishing the Community
Customs Code.

2.

It is possible for a customs debt on importation to be incurred
under Article 203(1) of Regulation No 2913/92 where
the customs declaration received by the customs office was
accompanied by technically correct certificates of origin corre-
sponding to Form A and where the zero preferential tariff
applied to the goods covered by the declaration.

of: A. La Pergola, President of the Chamber, M. Wathelet,
D.A.O. Edward, P. Jann (Rapporteur) and L. Sevo´ n, Judges;
J. Mischo, Advocate General; R. Grass, Registrar, has given a
judgment on 1 February 2001, in which it:

1. Declares that, since the public management and construction
entities of Val-de-Marne and Paris and the low-rent housing
corporation Logirel did not publish contract notices in the
Official Journal of the European Communities concerning
the public contracts announced by notices in the Bulletin
Officiel des Annonces des Marchés Publics of 7 and
16 February 1995 and the Moniteur des Travaux Publics et
du Bâtiment of 17 February 1995, the French Republic
has failed to fulfil
its obligations under Council Directive
93/37/EEC of 14 June 1993 concerning the coordination of
procedures for the award of public works contracts, in particular
Article 11(2) thereof;

(1) OJ C 136 of 15.5.1999.

2. Orders the French Republic to pay the costs;

3. Orders the United Kingdom of Great Britain and Northern

Ireland to bear its own costs.

(1) OJ C 246 of 28.8.1999.

JUDGMENT OF THE COURT

(Fifth Chamber)

of 1 February 2001

in Case C-237/99: Commission of the European Communi-
ties v French Republic, supported by United Kingdom of
Great Britain and Northern Ireland (1)

JUDGMENT OF THE COURT

(Fifth Chamber)

of 1 February 2001

(Failure by a Member State to fulfil obligations — Directive
93/37/EEC — Public works contracts — Concept of ‘con-
tracting authority’)

in Case C-333/99: Commission of the European Communi-
ties v French Republic (1)

(2001/C 173/06)

(Language of the case: French)

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

In Case C-237/99: Commission of the European Communities
(Agent: M. Nolin) v French Republic (Agents: K. Rispal-
Bellanger, F. Million and S. Pailler) supported by United
Kingdom of Great Britain and Northern Ireland (Agent:
R.V. Magrill) — application for a declaration that,
in the
for the award of public
context of various procedures,
contracts for the construction of housing organised by public
development and construction entities and by low-rent hous-
ing corporations, the French Republic has failed to fulfil its
obligations under Council Directive 93/37/EEC of 14 June
1993 concerning the coordination of procedures for the award
of public works contracts (OJ 1993 L 199, p. 54), in particular
Article 11(2) thereof — the Court (Fifth Chamber), composed

(Failure of a Member State to fulfil obligations — Com-
munity system for the conservation and management of
fishery resources — Control of fishing and related activities
— Inspection of fishing vessels and monitoring of landings
(Article 5 (2) of Regulation (EEC) No 170/83 and
Article 1(1) of Regulation (EEC) No 2241/87) — Temporary
prohibition of fishing activities (Article 11(2) of Regulation
No 2241/87) — Penal or administrative action against
those responsible for infringing the Community rules on
conservation and monitoring (Article 5(2) of Regulation
No 170/83 and Article 1(2) of Regulation No 2241/87))

(2001/C 173/07)

(Language of the case: French)

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

In Case C-333/99: Commission of the European Communities
(Agents: T. van Rijn and B. Mongin) v French Republic