Judgment of the Court (First Chamber) of 6 June 2002 in Case C-274/01: Commission of the European Communities v Kingdom of Belgium (Failure by a Member State to fulfil its obligations — Directive 98/76/EC — Failure to transpose within the prescribed period)
Date: 2002-07-27
Institutions: Court of Justice
Subjects: Belgium, European Commission, action for failure to fulfil an obligation, carriage of passengers, right of establishment, road transport

C 180/8

EN

Official Journal of the European Communities

27.7.2002

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(First Chamber)

of 6 June 2002

(Third Chamber)

of 13 June 2002

in Case C-274/01: Commission of the European Communi-
ties v Kingdom of Belgium (1)

in Case C-286/01: Commission of the European Communi-
ties v French Republic (1)

(Failure by a Member State to fulfil its obligations —
Directive 98/76/EC — Failure to transpose within the
prescribed period)

(Failure by a Member State to fulfil its obligations —
Telecommunications — Open network — Universal service)

(2002/C 180/13)

(Language of the case: French)

(2002/C 180/14)

(Language of the case: French)

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

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

In Case C-274/01, Commission of the European Communities
(Agent: M. Wolfcarius) v Kingdom of Belgium (Agent: F. van
de Craen): Application for a declaration that, by failing to
adopt the laws, regulations and administrative provisions
necessary to comply with Council Directive 98/76/EC of
1 October 1998 amending Directive 96/26/EC on admission
to the occupation of road haulage operator and road passenger
transport operator and mutual recognition of diplomas, certifi-
cates and other evidence of formal qualifications intended to
facilitate for these operators the right to freedom of establish-
ment
transport operations
(OJ 1998 L 277, p. 17), the Kingdom of Belgium has failed to
fulfil
its obligations under that directive, the Court (First
Chamber), composed of: P. Jann (Rapporteur), President of the
Chamber, M. Wathelet and A. Rosas, Judges; S. Alber, Advocate
General; R. Grass, Registrar, has given a judgment on 6 June
2002, in which it:

in national and international

1. Declares that, by failing to adopt within the prescribed period
the laws, regulations and administrative provisions necessary to
comply with Council Directive 98/76/EC of 1 October 1998
amending Directive 96/26/EC on admission to the occupation
of road haulage operator and road passenger transport operator
and mutual recognition of diplomas, certificates and other
evidence of formal qualifications intended to facilitate for these
operators the right to freedom of establishment in national and
international transport operations, the Kingdom of Belgium
has failed to fulfil its obligations under that directive;

In Case C-286/01, Commission of the European Communities
(Agents: P. Nemitz and B. Mongin, and, subsequently, H. van
Lier) v French Republic (Agents: G. de Bergues and A. Bréville-
Viéville, and, subsequently, G. de Bergues and V. Dan):
Application for a declaration that, by failing to bring into
force, within the prescribed period, all the laws, regulations
and administrative provisions necessary to implement Direc-
tive 98/10/EC of the European Parliament and of the Council
of 26 February 1998 on the application of open network
provision (ONP) to voice telephony and on universal service
for telecommunications in a competitive environment (OJ
1998 L 101, p. 24) and, in particular, Articles 6(3) and (4), 10,
21 and 26 thereof, the French Republic has failed to fulfil its
obligations under Article 32 of that directive and Article 249
EC, the Court (Third Chamber), composed of: F. Macken,
President of the Chamber, C. Gulmann (Rapporteur) and
J.-P. Puissochet, Judges; J. Mischo, Advocate General; R. Grass,
Registrar, has given a judgment on 13 June 2002, in which it:

1. Declares that, by failing to bring into force, within the
prescribed period, all the laws, regulations and administrative
provisions necessary to implement Directive 98/10/EC of the
European Parliament and of the Council of 26 February 1998
on the application of open network provision (ONP) to voice
telephony and on universal service for telecommunications in a
competitive environment and, in particular, Articles 6(3) and
(4), 10, 21 and 26 thereof, the French Republic has failed to
fulfil its obligations under Article 32 of that directive;

2. Orders the Kingdom of Belgium to pay the costs.

2. Orders the French Republic to pay the costs.

(1) OJ C 245 of 1.9.2001.

(1) OJ C 245 of 1.9.2001.