Case C-343/02: Action brought on 26 September 2002 by the Commission of the European Communities against the French Republic
Date: 2002-10-26
Institutions: Court of Justice
Subjects: France, action for failure to fulfil an obligation, national implementing measure, parasitology, plant disease, plant health control, protected area, protection of plant life

C 261/12

EN

Official Journal of the European Communities

26.10.2002

Action brought on 26 September 2002 by the Com-
mission of the European Communities against the French
Republic

their transposition. That time-limit expired without the French
Republic having brought into force the necessary provisions
in order to comply with the directive referred to in the
Commission’s application.

(Case C-343/02)

(2002/C 261/19)

(1) OJ 2001 L 127, p. 38.
(2) OJ 2001 L 127, p. 42.

An action against the French Republic was brought before the
Court of Justice of the European Communities on 26 Septem-
ber 2002 by the Commission of the European Communities,
represented by A. Bordes, acting as Agent, with an address for
service in Luxembourg.

The applicant claims that the Court should:

— Declare that, by failing to adopt and bring into force
within the prescribed period the laws, regulations or
administrative provisions necessary to comply:

— Commission Directive 2001/32/EC of 8 May 2001
recognising protected zones exposed to particular
plant health risks in the Community and repealing
Directive 92/76/EEC (1),

— Commission Directive 2001/33/EC of 8 May 2001
amending certain annexes to Council Directive
2000/29/EC on protective measures against the
introduction into the Community of organisms
harmful to plants or plant products and against their
spread within the Community (2), and

in any event, by failing to communicate them to the
Commission, the French Republic has failed to fulfil its
obligations under those two directives;

— Order the French Republic to pay the costs.

Pleas in law and main arguments

Under Article 249 of the EC Treaty, according to which a
directive is to be binding, as to the result to be achieved, upon
each Member State to which it is addressed, Member States are
required to observe the time-limits laid down in directives for

Action brought on 26 September 2002 by the Com-
mission of the European Communities against the French
Republic

(Case C-344/02)

(2002/C 261/20)

An action against the French Republic was brought before the
Court of Justice of the European Communities on 26 Septem-
ber 2002 by the Commission of the European Communities,
represented by A. Bordes, acting as Agent, with an address for
service in Luxembourg.

The applicant claims that the Court should:

— Declare that, by failing to adopt and bring into force
within the prescribed period the laws, regulations or
administrative provisions necessary to comply with
Directive 2000/16/EC of the European Parliament and
the Council of 10 April 2000 amending Council Directive
79/373/EEC on the marketing of compound feedingstuffs
and Council Directive 96/25/EC on the circulation of feed
materials (1), the French Republic has failed to fulfil its
obligations under that directive; and

— Order the French Republic to pay the costs.

Pleas in law and main arguments

Under Article 249 of the EC Treaty, according to which a
directive is to be binding, as to the result to be achieved, upon
each Member State to which it is addressed, Member States are
required to observe the time-limits laid down in directives for
their transposition. That time-limit expired on 3 May 2001
without the French Republic having brought into force the
necessary provisions in order to comply with the directive
referred to in the Commission’s application.

(1) OJ 2000 L 105, p. 36.