Judgment of the Court (Sixth Chamber) of 6 December 2001 in Case C-146/00: Commission of the European Communities v French Republic (Telecommunications — Financing of a "universal service" — contribution from new market entrants)
Date: 2002-04-06
Institutions: Court of Justice
Subjects: European Commission, France, action for failure to fulfil an obligation, public service, telecommunications, transmission network

6.4.2002

EN

Official Journal of the European Communities

C 84/23

2. Orders the Hellenic Republic to pay the costs.

(1) OJ C 163 of 10.6.2000.

JUDGMENT OF THE COURT

(Sixth Chamber)

of 6 December 2001

in Case C-146/00: Commission of the European Communi-
ties v French Republic (1)

(Telecommunications — Financing of a ‘universal service’
— contribution from new market entrants)

1. Declares

that, by failing to comply with Article 4c of
Commission Directive 90/388/EEC of 28 June 1990 on
competition in the markets for telecommunications services, as
amended by Commission Directive 96/19/EC of 13 March
1996, and by failing to comply with Article 5(1), (3), (4) and
(5) of Directive 97/33/EC of the European Parliament and
of
the Council of 30 June 1997 on interconnection in
Telecommunications with regard to ensuring universal service
and interoperability through application of the principles of
Open Network Provision (ONP), the French Republic has failed
to fulfil its obligations under those directives;

2. Orders the French Republic to pay the costs.

(1) OJ C 163 of 10.6.2000.

JUDGMENT OF THE COURT

(Fourth Chamber)

of 6 December 2001

(2002/C 84/36)

(Language of the case: French)

in Case C-148/00: Commission of the European Communi-
ties v Italian Republic (1)

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

(Failure of a Member State to fulfil its obligations — Failure
to transpose Directive 98/51/EC)

In Case C-146/00: Commission of the European Communities
(Agents: initially by B. Doherty and F. Siredey-Garnier, and,
subsequently, by E. Gippini Fournier and F. Siredey-Garnier) v
French Republic (Agents:
initially by K. Rispal-Bellanger,
F. Million and S. Pailler, and, subsequently, by G. de Bergues,
F. Million and S. Pailler) — application for a declaration that,
by failing to comply with Article 4c of Commission Directive
90/388/EEC of 28 June 1990 on competition in the markets
for telecommunications services (OJ 1990 L 192, p. 10), as
amended by Commission Directive 96/19/EC of 13 March
1996 (OJ 1996 L 74, p. 13), and by failing to comply with
Article 5(1), (3), (4) and (5) of Directive 97/33/EC of the
European Parliament and of the Council of 30 June 1997
on interconnection in Telecommunications with regard to
ensuring universal service and interoperability through appli-
cation of the principles of Open Network Provision (ONP) (OJ
1997 L 199, p. 32), the French Republic has failed to fulfil its
obligations under the EC Treaty and under those directives —
the Court (Sixth Chamber), composed of: F. Macken, President
of
the Chamber, N. Colneric, C. Gulmann (Rapporteur),
J.-P. Puissochet and J.N. Cunha Rodrigues, Judges; L.A. Geel-
hoed, Advocate General; R. Grass, Registrar, has given a
judgment on 6 December 2001, in which it:

(2002/C 84/37)

(Language of the case: Italian)

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

In Case C-148/00: Commission of the European Communities
(Agents: initially S. Dragone and F. P. Ruggeri Laderchi, and
subsequently S. Dragone and L. Visaggio) v Italian Republic
(Agent: U. Leanza, assisted by G. De Bellis) — application for
a declaration that, by not adopting and, in any event, by
not notifying the Commission of the laws, regulations and
administrative provisions necessary to comply with:

— Council Directive 97/41/EC of 25 June 1997 amending
Directives 76/895/EEC, 86/362/EEC, 86/363/EEC and
90/642/EEC relating to the fixing of maximum levels for
pesticide residues in and on, respectively,
fruit and
vegetables, cereals, foodstuffs of animal origin, and certain
products of plant origin, including fruit and vegetables
(OJ 1997 L 184, p. 33),