Judgment of the Court (Fourth Chamber) of 21 June 2001 in Case C-439/00: Commission of the European Communities v French Republic (Failure by Member State to fulfil its obligations — Directive 98/4/EC — Failure to transpose within the prescribed period)
Date: 2001-07-28
Institutions: Court of Justice
Subjects: European Commission, France, action for failure to fulfil an obligation, award of contract, energy transport, water supply

C 212/8

EN

Official Journal of the European Communities

28.7.2001

The existence of a maximum which those charges cannot exceed is
not sufficient to make them duties paid by way of fees or dues if that
maximum is not established reasonably by reference to the cost of the
service in respect of which the charges are levied.

Furthermore, a Member State cannot, without making the charges in
question cease to be duties paid by way of fees or dues, introduce into
the scale of charges payable for a service rendered an element of
solidarity between large and small companies, by establishing, for
one and the same service, a higher charge for capital companies with
significant share capital than for those with less share capital, where
that difference in the charge bears no relation to the cost of the service.

1. Declares that, by failing to adopt, within the prescribed period,
all the laws, regulations and administrative measures necessary
to comply with Directive 98/4/EC of the European Parliament
and of the Council of 16 February 1998 amending Directive
93/38/EEC coordinating the procurement procedures of entities
operating in the water, energy, transport and telecommuni-
cations sectors, the French Republic has failed to comply with
its obligations under that directive.

2. Orders the French Republic to pay the costs.

(1) OJ C 28 of 27.1.2001.

(1) OJ C 226 of 7.8.1999.

JUDGMENT OF THE COURT

(Fourth Chamber)

of 21 June 2001

ORDER OF THE COURT

of 29 May 2001

in Case C-1/00 SA: Cotecna Inspection SA v Commission
of the European Communities (1)

(Application for authorisation to serve a garnishee order on
the Commission of the European Communities)

in Case C-439/00: Commission of the European Communi-
ties v French Republic (1)

(2001/C 212/13)

(Failure by Member State to fulfil its obligations — Directive
98/4/EC — Failure to transpose within the prescribed period)

(Language of the case: French)

(2001/C 212/12)

(Language of the case: French)

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

In Case C-439/00: Commission of the European Communities
(Agent: M. Nolin) v French Republic (Agent: G. de Bergues and
S. Pailler) — application for a declaration that, by failing to
adopt all the laws, regulations and administrative measures
necessary to comply with Directive 98/4/EC of the European
Parliament and of the Council of 16 February 1998 amending
Directive 93/38/EEC coordinating the procurement procedures
of entities operating in the water, energy,
transport and
telecommunications sectors (OJ 1998 L 101, p. 1) or, at all
events, by failing to communicate the same to the Commission,
the French Republic has failed to comply with its obligations
under that directive — the Court (Fourth Chamber), composed
of: A. La Pergola, President of the Chamber, S. von Bahr
J. Mischo,
(Rapporteur) and C.W.A. Timmermans,
Advocate General; R. Grass, Registrar, has given a judgment
on 21 June 2001, in which it:

Judges;

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

the European Communities

In Case C-1/00 SA: Cotecna Inspection SA, established in
Geneva (Switzerland), represented by J. H. J. Bourgeois, Avocat
(Agents:
v Commission of
M. De Pauw and B. Martenczuk) — application for authoris-
ation to serve a garnishee order on the Commission of
the European Communities — the Court, composed of:
G. C. Rodrı´guez Iglesias, President, C. Gulmann, A. La Pergola,
M. Wathelet and V. Skouris, Presidents of Chambers,
D.A.O. Edward, J.-P. Puissochet, P. Jann, L. Sevo´ n, R. Schintgen,
F. Macken, N. Colneric, S. von Bahr (Rapporteur), J. N. Cunha
Rodrigues and C.W.A. Timmermans, Judges; D. Ruiz-Jarabo
Colomer, Advocate General; R. Grass, Registrar, has given an
order on 29 May 2001, in which it:

1) Dismisses the application.

2) Orders Cotecna Inspection SA to pay the costs.

(1) OJ C 45 of 10.2.2001.