Judgment of the Court (First Chamber) of 4 October 2001 in Case C-450/00: Commission of the European Communities v Grand Duchy of Luxembourg (Failure by a Member State to fulfil its obligations — Non-incorporation of Directive 95/46/EC)
Date: 2001-11-10
Institutions: Court of Justice
Subjects: European Commission, Luxembourg, action for failure to fulfil an obligation, cross-frontier data flow, disclosure of information, protection of privacy

C 317/8

EN

Official Journal of the European Communities

10.11.2001

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(First Chamber)

of 4 October 2001

(Third Chamber)

of 20 September 2001

in Case C-450/00: Commission of the European Communi-
ties v Grand Duchy of Luxembourg (1)

in Case C-468/00: Commission of the European Communi-
ties v French Republic (1)

(Failure by a Member State to fulfil its obligations — Non-
incorporation of Directive 95/46/EC)

(Failure by a Member State to fulfil its obligations —
Directive 96/50/EC — Carriage of goods and passengers in
the Community — Harmonisation of the conditions for
obtaining national boatmasters’ certificates for inland water-
ways — Non-implementation within the prescribed period)

(2001/C 317/13)

(Language of the case: French)

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

In Case C-450/00: Commission of the European Communities
(Agent: X. Lewis) v Grand Duchy of Luxembourg (Agent:
N. Mackel) — application for declaration that, by failing to
bring into force, within the prescribed period,
the laws,
regulations and administrative provisions necessary to comply
with Directive 95/46/EC of the European Parliament and of
the Council of 24 October 1995 on the protection of
individuals with regard to the processing of personal data and
on the free movement of such data (OJ 1995 L 281, p. 31),
the Grand Duchy of Luxembourg has failed to fulfil
its
obligations under Article 32 of that Directive — the Court
(Rapporteur),
(First Chamber), composed of: M. Wathelet
President of the Chamber, P.
Judges;
S. Alber, Advocate General; R. Grass, Registrar, has given a
judgment on 4 October 2001, in which it:

Jann and L. Sevo´ n,

(2001/C 317/14)

(Language of the case: French)

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

In Case C-468/00: Commission of the European Communities
(Agent: B. Mongin) v French Republic (Agents: G. de Bergues
and S. Pailler) — application for a declaration that, by failing
to adopt the laws, regulations and administrative measures
necessary to comply with Council Directive 96/50/EC of
23 July 1996 on the harmonisation of the conditions for
obtaining national boatmasters’ certificates for the carriage of
goods and passengers by inland waterways in the Community
(OJ 1996 L 235, p. 31), or, in any event, by not notifying them
to the Commission, the French Republic has failed to fulfil its
obligations under that directive — the Court (Third Chamber),
composed of: C. Gulmann, President of
the Chamber,
J.-P. Puissochet and J.N. Cunha Rodrigues (Rapporteur), Judges;
C. Stix-Hackl, Advocate General; R. Grass, Registrar, has given
a judgment on 20 September 2001, in which it:

1. Declares that, by failing to adopt, within the prescribed period,
all the laws, regulations and administrative provisions necessary
to comply with Directive 95/46/EC of the European Parliament
and of the Council of 24 October 1995 on the protection of
individuals with regard to the processing of personal data and
on the free movement of such data, the Grand Duchy of
Luxembourg has failed to fulfil its obligations under Article 32
of that directive;

1. Declares that, by failing to adopt, within the prescribed period,
the laws, regulations and administrative measures necessary to
comply with Council Directive 96/50/EC of 23 July 1996 on
the harmonisation of the conditions for obtaining national
boatmasters’ certificates for the carriage of goods and passengers
by inland waterways in the Community, the French Republic
has failed to fulfil its obligations under that directive;

2. Orders the Grand Duchy of Luxembourg to pay the costs.

2. Orders the French Republic to pay the costs.

(1) OJ C 45 of 10.2.2001.

(1) OJ C 45 of 10.2.2001.