Case C-305/02: Action brought on 28 August 2002 by the Commission of the European Communities against the United Kingdom
Date: 2002-10-12
Institutions: Court of Justice
Subjects: Gibraltar, United Kingdom, action for failure to fulfil an obligation, dangerous substance, labelling, national implementing measure, packaging

12.10.2002

EN

Official Journal of the European Communities

C 247/9

Action brought on 27 August 2002 by the Commission
of the European Communities against the French Republic

(Case C-304/02)

(2002/C 247/14)

An action against the French Republic was brought before the
Court of Justice of the European Communities on 27 August
2002 by the Commission of the European Communities,
represented by M. van Lier and M. van Rijn, acting as Agents,
with an address for service in Luxembourg.

The Commission of the European Communities claims that
the Court should:

— Declare that, by continuing to fail to undertake control
activities
technical
ensuring compliance with the
measures for the conservation of fishery resources laid
down in Council Regulation (EEC) No 171/83 of 25 Janu-
ary 1983 (1) and Council Regulation (EEC) No 3094/86
of 7 October 1986 (2), and by thus failing to comply
with the obligations laid down in Article 1 of Council
Regulation (EEC) No 2057/82 of 29 June 1982 estab-
lishing certain control measures for fishing activities by
vessels of the Member States (3) and Article 1 of Council
Regulation (EEC) No 2241/87 of 23 July 1987 estab-
lishing certain control measures for fishing activities (4),
the French Republic has failed to apply all the measures
necessary to implement the judgment of 11 June 1991,
Commission v France (C-64/88) (5) and has failed to fulfil
its obligations under Article 228 of the EC Treaty;

— Order the French Republic to pay to the Commission
of the European Communities, into the account ‘own
resources of the EC’, a penalty of EUR 316 500 per day
of delay in implementing the necessary measures to
comply with the judgment in Commission v France cited
above, starting from the delivery of the present judgment
and until the implementation of the judgment in Com-
mission v France, cited above;

— Order the French Republic to pay the costs.

Pleas in law and main arguments

— Infringement of Community law, Article 228 EC:

The Commission states that France did not act on the
judgment of 11 June 1991 in Case C-64/88, in that it

— failed to ensure compliance with technical conser-
vation measures relating to the minimum size of
fish, in particular hake, and

— failed to record infringements which the national
authorities could have found to exist and to charge
offenders.

The apparent absence of control activities was recorded
during frequent inspections over several years and not-
withstanding the improvements in methods of control
and the number of inspections which the French auth-
orities pointed out in their correspondence with the
Commission services. In addition, the Commission never
denied that there had been findings of infringements.
it determined, and complained to the
None the less,
French authorities, that the inspections were insufficient
in number and lacking in thoroughness and that there
are indications that turning a blind eye to breaches related
to certain undersized fish is generally tolerated.

— Penalty

The Commission, referring to its communications of
21 August 1996 (6) and 28 February 1997 (7), is applying
to the basic amount of EUR 500 a factor of 10 (out of a
possible maximum of 20) for the seriousness of the
infringement,
the
reduction of complaints in relation to the initial infringe-
ment, a factor of 3 (possible maximum: 3) for its duration
and a factor of 2.1 for France’s ability to pay.

in particular of

taking account

(1) OJ L 24 of 27.01.1983, p. 14.
(2) OJ L 288 of 11.10.1986, p. 1.
(3) OJ L 220 of 29.7.1982, p. 1.
(4) OJ L 207 of 29.7.1987, p. 1.
(5) ECR [1991] I-2748.
(6) OJ C 242, p. 6.
(7) OJ C 63, p. 2.

Action brought on 28 August 2002 by the Commission of
the European Communities against the United Kingdom

(Case C-305/02)

(2002/C 247/15)

An action against the United Kingdom was brought before the
Court of Justice of the European Communities on 28 August
2002 by the Commission of the European Communities,
represented by Lena Ström, acting as agent, with an address
for service in Luxembourg.

C 247/10

EN

Official Journal of the European Communities

12.10.2002

The Applicant claims that the Court should:

The applicant claims that the Court should:

1)

declare that by failing to adopt for Gibraltar the laws,
regulations and administrative provisions necessary to
comply with Commission Directive 2000/21/EC (1) of
25 April 2000 concerning the list of Community legis-
lation referred to in the fifth indent of Article 13(1) of
Council Directive 67/548/EEC (2), or in any event, by
failing to notify such provisions to the Commission, the
United Kingdom has failed to fulfil its obligations under
that directive;

— declare that, by failing to adopt the laws, regulations
or administrative provisions necessary to comply with
Commission Directive 2000/21/EC (1) of 25 April 2000
concerning the list of Community legislation referred to
in the fifth indent of Article 13(1) of Council Directive
67/548/EEC, the French Republic failed to fulfil
its
obligations under Article 3 of that directive;

— order the French Republic to pay the costs.

2)

order the United Kingdom to pay the costs.

Pleas in law and main arguments

The Commission considers that it is the duty of the authorities
of the United Kingdom to initiate, in due time, the procedures
necessary for incorporating the directive into domestic law so
that such process is complete within the time-limit laid down,
irrespective of the nature of such procedures, and to inform
the Commission thereof.

Since the United Kingdom has not informed the Commission
of
the provisions adopted to comply with the directive
concerned for Gibraltar, the United Kingdom has thus failed
to fulfil its obligations under the directive as regards Gibraltar.

( 1) OJ L 103, 28.4.2000, p. 70.
( 2) of 27 June 1967 on the approximation of laws, regulations and
administrative provisions relating to the classification, packaging
and labelling of dangerous substances (OJ 196, 16.8.1967, p. 1
[SE SER1 71(I) p. 180).

Action brought on 29 August 2002 by Commission of the
European Communities against French Republic

(Case C-307/02)

(2002/C 247/16)

An action against the French Republic was brought before the
Court of Justice of the European Communities on 29 August
2002 by the Commission of the European Communities,
represented by Lena Ström, acting as Agent, with an address
for service in Luxembourg.

Pleas in law and main arguments

The obligations
flowing from the third paragraph of
Article 249 of the EC Treaty includes that of observing the
time-limits laid down in directives. That time-limit expired on
1 April 2002 without France having brought into force the
necessary provisions.

(1) OJ 2000 L 103, p. 70.

Action brought on 29 August 2002 by Commission of
the European Communities against Grand Duchy of
Luxembourg

(Case C-308/02)

(2002/C 247/17)

An action against the Grand Duchy of Luxembourg was
brought before the Court of Justice of the European Communi-
ties on 29 August 2002 by the Commission of the European
Communities, represented by Lena Ström, acting as Agent,
with an address for service in Luxembourg.

The applicant claims that the Court should:

— declare that, by failing to adopt the laws, regulations
or administrative provisions necessary to comply with
Commission Directive 2000/21/EC (1) of 25 April 2000
concerning the list of Community legislation referred to
in the fifth indent of Article 13(1) of Council Directive 67/
548/EEC, the Grand Duchy of Luxembourg failed to fulfil
its obligations under Article 3 of that directive;

— order the Grand Duchy of Luxembourg to pay the costs.