Case C-351/01: Action brought on 18 September 2001 by Commission of the European Communities against French Republic
Date: 2001-11-10
Institutions: Court of Justice
Subjects: European Commission, France, action for failure to fulfil an obligation, capacity to exercise rights, equivalence of diplomas, lawyer

10.11.2001

EN

Official Journal of the European Communities

C 317/17

— Infringement of the principles of proper administration.
In spreading the burden over all the Länder, the Com-
mission departed from an administrative practice which
had pertained for many years without any reason. In the
light of the legal scope of such a new procedure, it would
have been necessary on grounds of proper administration,
foreseeability and transparency for the Commission to
give notice of its change of policy and at least an outline
thereof by way of a communication to the Member
States. That applies a fortiori in so far as the question of
supra-Länder burdens are of great political and legal
significance in other Member States too, in particular
those with federal or quasi-federal decentralised adminis-
trative structures such as, for example, Austria and Spain.
Beyond that, the question of the conditions on which it
is possible to assume errors in a Member State as a whole
on the basis of the conclusions of particular studies is of
vital importance to all the other Member States too.

— Infringement of Article 10 EC. The duty of loyal co-
operation to which the Community institutions are
subject involves a duty to take into account the underlying
administrative structures of the Member States. Respect
for the fact that the Federal Republic of Germany is
divided into autonomous Länder requires that financial
corrections in respect of individual Länder can only be
made where the EAGGF has reached its own conclusions
as to a breach of Community law to the detriment of the
Community budget in those Länder.

(1) Commission Decision 2001/557/EC (OJ L 200, 25.7.2001, p. 28).

Action brought on 17 September 2001 by the Com-
mission of the European Communities against the Italian
Republic

(Case C-350/01)

(2001/C 317/31)

An action against the Italian Republic was brought before the
Court of Justice of the European Communities on 17 Septem-
ber 2001 by the Commission of the European Communities,
represented by Gregorio Valero Jordana and Roberto Amorosi,
acting as Agents.

The applicant claims that the Court should:

— declare that, by failing to adopt the laws, regulations
and administrative provisions necessary to comply with
Council Directive 1999/32/EC of 26 April 1999 relating

to a reduction in the sulphur content of certain liquid
fuels and amending Directive 93/12/EEC (1), or, in any
event, by failing to communicate the same to the
Commission, the Italian Republic has failed to fulfil its
obligations under that directive;

— order the Italian Republic to pay the costs.

Pleas in law and main arguments

Article 249 EC, according to which directives are to be binding,
as to the result to be achieved, upon each Member State to
which they are addressed, implies an obligation for the Member
States to comply with the time-limits for transposition laid
down in the directives. That time-limit expired on 1 July 2000
without the Italian Republic having enacted the provisions
necessary to comply with the directive mentioned in the
Commissions pleadings.

(1) OJ L 121 of 11.5.1999, p. 13.

Action brought on 18 September 2001 by Commission
of the European Communities against French Republic

(Case C-351/01)

(2001/C 317/32)

An action against the French Republic was brought before the
Court of Justice of the European Communities on 18 Septem-
ber 2001 by the Commission of the European Communities,
represented by M. Patakia, acting as Agents, with an address
for service in Luxembourg.

The applicant claims that the Court should:

1. Declare that, by failing to adopt the laws, regulations
and administrative provisions necessary to comply with
Directive 98/5/EC of the European Parliament and of the
Council of 16 February 1998 to facilitate practice of the
profession of lawyer on a permanent basis in a Member
State other than that in which the qualification was
obtained (1), the French Republic has failed to fulfil its
obligations under that directive; and

2. Order the French Republic to pay the costs.

C 317/18

EN

Official Journal of the European Communities

10.11.2001

Pleas in law and main arguments

The pleas in law and main arguments are identical to those
submitted in Case C-323/01 (2); the period prescribed for
transposition expired on 14 March 2000.

Appeal brought on 19 September 2001 by Olli Mattila
against the judgment delivered on 12 July 2001 by the
Fifth Chamber of the Court of First Instance of the
European Communities in case T-204/99 (1) between Olli
Mattila and the Council of the European Union and the
Commission of the European Communities

(1) OJ 1998 L 77, p. 36.
(2) See page 12 of this Official Journal.

(Case C-353/01 P)

(2001/C 317/34)

Action brought on 19 September 2001 by the Com-
the
mission of

the European Communities against

Kingdom of Spain

(Case C-352/01)

(2001/C 317/33)

An action against the Kingdom of Spain was brought before
the Court of Justice of the European Communities on 19 Sep-
tember 2001 by the Commission of the European Communi-
ties represented by Gregorio Valero Jordana, acting as Agent,
with an address for service in Luxembourg at the office of
L. Escobar Guerrero, Wagner Centre C 254.

The applicant claims that the Court should:

1. Declare that by not having adopted the laws, regulations
and administrative provisions necessary to comply with
Directive 98/8/EC of the European Parliament and of the
Council of 16 February 1998 concerning the placing of
biocidal products on the market (1) or, in any event, not
having communicated those provisions to the Com-
mission, the Kingdom of Spain has failed to fulfil its
obligations under that directive.

2. Order the Kingdom of Spain to pay the costs.

Pleas in law and main arguments

The pleas in law and main arguments are the same as those in
Case C-323/01 (2); the deadline for transposition expired on
13 May 2000.

(1) OJ L 123 of 24.4.1998, p. 63.
(2) See page 12 of this Official Journal.

An appeal against the judgment delivered on 12 July 2001 by
the Fifth Chamber of the Court of First Instance of the
European Communities in case T-204/99 between Olli Mattila
and the Council of the European Union and the Commission
of the European Communities, was brought before the Court
of Justice of the European Communities on 19 September
2001 by Olli Mattila, residing in Hyvinkää, Finland, represented
by Z. Sundström and M.R. Kauppi, Lawyers, with an address
for service in Luxembourg.

The Appellant claims that the Court should:

— annul the judgment of the Court of First Instance (Fifth

Chamber) of 12 July 2001;

— annul the decision of the Council and the Commission

which is the subject of the present appeal;

— invite the Council and the Commission to reconsider
their position and give access to the Appellant to the
requested documents;

— give access, at least partial access, to such documents after
cancelling or editing the sections which may justifiably
qualify as liable to prejudice the international relations of
the European Community;

— order jointly the Council and the Commission to pay the
costs incurred by the Appellant in these proceedings.

Pleas in law and main arguments

Instance
The Appellant contends that the Court of First
has incorrectly applied European Community Law, namely
93/731/EC of 20 December 1993(2) on public access to
Council documents and 94/90 ECSC, EC, Euratom of 8 Febru-
ary 1994 (3) on public access to Commission documents.

The pleas in support of the appeal are the following:

a. Manifest error of assessment in interpreting the exception
concerning the protection of international relations;