Judgment of the Court (Third Chamber) of 14 June 2001 in Case C-84/00: Commission of the European Communities v French Republic (Failure by a Member State to fulfil its obligations — Article 30 of the EC Treaty (now, after amendment, Article 28 EC) — Free movement of articles of precious metal — Rules on acceptable standards of fineness)
Date: 2001-07-28
Institutions: Court of Justice
Subjects: European Commission, France, action for failure to fulfil an obligation, import restriction, marketing restriction, precious metal

C 212/4

EN

Official Journal of the European Communities

28.7.2001

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Third Chamber)

of 14 June 2001

(Fourth Chamber)

of 14 June 2001

in Case C-84/00: Commission of the European Communi-
ties v French Republic (1)

(Failure by a Member State to fulfil its obligations —
Article 30 of the EC Treaty (now, after amendment,
Article 28 EC) — Free movement of articles of precious
metal — Rules on acceptable standards of fineness)

(2001/C 212/06)

(Language of the case: French)

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

In Case C-84/00: Commission of the European Communities
(Agent: R. Wainwright) v French Republic (Agents: K. Rispal-
Bellanger and S. Seam) — application for a declaration that,
by failing to allow the marketing within France of articles of
precious metals which come from other Member States and
purport to have a standard of fineness of ‘999 parts per
thousand’, despite the fact that that standard is commonly
used in commercial practice, the French Republic has failed to
comply with its obligations under Article 30 of the EC Treaty
(now, after amendment, Article 28 EC) — the Court (Third
Chamber), composed of: C. Gulmann, President of the Chamb-
er, F. Macken and J.N. Cunha Rodrigues (Rapporteur), Judges;
J. Mischo, Advocate General; R. Grass, Registrar, has given a
judgment on 14 June 2001, in which it:

1. Declares that, by failing to allow the marketing within France
of articles of precious metals which come from other Member
States and purport to have a standard of fineness of ‘999 parts
per thousand’, despite the fact that that standard is commonly
used in commercial practice, the French Republic has failed to
comply with its obligations under Article 30 of the EC Treaty
(now, after amendment, Article 28 EC);

2. Orders the French Republic to pay the costs.

(1) OJ C 163 of 10.6.2000.

in Case C-207/00: Commission of the European Communi-
ties v Italian Republic (1)

(Failure by a Member State to fulfil its obligations —
Failure to implement Directive 97/36/EC amending Directive
89/552/EEC — Coordination of certain provisions laid down
by law, regulation or administrative action in Member States
concerning the pursuit of television broadcasting activities)

(2001/C 212/07)

(Language of the case: Italian)

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

In Case C-207/00: Commission of the European Communities
(Agents: K. Banks and L. Pignataro) v Italian Republic (Agent:
U. Leanza, assisted by I.M. Braguglia) — application for a
declaration that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Directive
97/36/EC of the European Parliament and of the Council of
30 June 1997 amending Council Directive 89/552/EEC on the
coordination of certain provisions laid down by law, regulation
or administrative action in Member States concerning the
pursuit of television broadcasting activities (OJ 1997 L 202,
p. 60), specifically Article 1(1) amending Article 1(c) of Council
Directive 89/552/EEC of 3 October 1989 on the coordination
of certain provisions laid down by law, regulation or adminis-
trative action in Member States concerning the pursuit of
television broadcasting activities (OJ 1989 L 298, p. 23);
Article 1(2) which replaces Article 2 of Directive 89/552 with
the exception of Article 2(3), (4), (5) and (6); Article 1(3) which
inserts Article 2a into Directive 89/552; Article 1(4) which
incorporates Article 3a(3) in Directive 89/552; Article 1(12),
which replaces Article 10 of Directive 89/552, with the
exception of Article 10(2); Article 1(14) which amends the
first sentence of Article 12 of Directive 89/552; Article 1(15)
which replaces Article 13 of Directive 89/552; and lastly
Article 1(18) which adds a paragraph 2 to Article 16 to
Directive 89/552, the Italian Republic has failed to fulfil its
obligations under that directive — the Court (Fourth 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 14 June 2001, in which it: