Case C-259/01: Action brought on 3 July 2001 by Commission of the European Communities against French Republic
Date: 2001-08-11
Institutions: Court of Justice
Subjects: European Commission, France, action for failure to fulfil an obligation, natural gas, single market

11.8.2001

EN

Official Journal of the European Communities

C 227/15

2 April 1979 on the conservation of wild birds (the ‘birds
directive’) by 1 January 1995. As of that date the obligations
under the first sentence of Article 4(4) of the birds directive in
respect of all areas classified pursuant to Article 4(1) and (2) of
the birds directive were replaced by the obligations in
Article 6(2) to (4) of Council Directive 92/43/EEC of 21 May
1992 on the conservation of natural habitats and of wild fauna
and flora (‘habitats directive’) as laid down in Article 7 of that
directive.

As regards the first sentence of Article 4(4) of the birds
directive with reference to Article 6(3) and (4) of the habitats
directive the Swedish government considered that a number
of amendments to its legislation were required to implement
the directive. The Commission claims that
the necessary
measures were not taken within the period of two months
prescribed in the reasoned opinion.

As regards the consultation obligation under Article 6(3) of
the birds directive the Commission claims that the necessary
measures were not taken within the period of two months
prescribed in the reasoned opinion.

Finally, as regards the deficiencies in the correct implemen-
tation of Article 9 of the birds directive, the legal provisions
which Sweden claims incorporate Article 9, that is to say
Paragraph 23a of the Jaktförordningen (hunting regulation),
which incorporates Article 9(1)(a), Paragraph 9 of the Jaktlagen
(hunting law), which incorporates Article 9(1)(c) and Para-
graph 31 of
the Jaktförordningen, which incorporates
Article 9(1)(b), do not contain the specific information required
under Article 9(2) of the birds directive. The further dero-
gations in the Swedish Jaktförordningen (Paragraphs 14, 15,
20, 21, 27 and 29), in Paragraph 12 of the Artskyddförordn-
ingen (species protection regulation) (SFS 1998:1790) and in
Paragraph 5 of the protective provisions of the Naturvårdverket
(Swedish environment protection board) (NFS 1997:5) do not
contain the information required under Article 9(2) of the
birds directive. Nor does Paragraph 9b of the Jaktförordningen
specify the conditions of risk as prescribed by the third indent
of Article 9(2).

(1) OJ L 103, 25.4.1979, p. 1.
(2) OJ L 223, 13.8.1997, p. 9.
(3) OJ L 206, 22.7.1992, p. 7.

Action brought on 3 July 2001 by Commission of the
European Communities against French Republic

(Case C-259/01)

(2001/C 227/27)

An action against the French Republic was brought before the
Court of Justice of the European Communities on 3 July 2001
by the Commission of the European Communities, represented
by Roland Tricot acting as Agent, with an address for service
in Luxembourg.

The applicant claims that the Court should:

(a) Declare that, by failing to adopt and bring into force
within the prescribed period the laws, regulations and
administrative provisions necessary to comply with
Directive 98/30/EC of the European Parliament and of
the Council of 22 June 1998 concerning common rules
for the internal market in natural gas (1), the French
Republic has failed to fulfil its obligations under that
directive and, in particular, Article 29;

(b) Order the French Republic to pay the costs.

Pleas in law and main arguments

Under the third paragraph of Article 249 and the first
paragraph of Article 10 of the EC Treaty France was required
the measures necessary to transpose Directive
to adopt
98/30/EC at the latest by 10 August 2000, the date laid down
in Article 29 thereof.

(1) OJ 1998 L 204, p. 1.

Removal from the register of Case C-216/00 (1)

(2001/C 227/28)

By order of 28 May 2001 the President of the Court of Justice
of the European Communities has ordered the removal from
the register of Case C-216/00: Commission of the European
Communities v Hellenic Republic.

(1) OJ C 233 of 12.8.2000.