Judgment of the Court (Third Chamber) of 26 September 2002 in Case C-351/01: Commission of the European Communities v French Republic (Failure by a Member State to fulfil its obligations — Directive 98/5/EC — Practice of the profession of lawyer on a permanent basis in a Member State other than that in which the qualification was acquired)
Date: 2002-11-23
Institutions: Court of Justice
Subjects: France, action for failure to fulfil an obligation, capacity to exercise rights, equivalence of diplomas, lawyer

C 289/4

EN

Official Journal of the European Communities

23.11.2002

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Third Chamber)

of 26 September 2002

(Fifth Chamber)

of 3 October 2002

in Case C-351/01: Commission of the European Communi-
ties v French Republic (1)

(Failure by a Member State to fulfil
its obligations —
Directive 98/5/EC — Practice of the profession of lawyer on
a permanent basis in a Member State other than that in
which the qualification was acquired)

(2002/C 289/06)

in Case C-394/01: French Republic v Commission of the
European Communities (1)

(State aid — Development assistance — Cruise vessel Le
Levant operating in Saint-Pierre-et-Miquelon — Action
for annulment of the Commission decision on State aid
implemented by the French Republic)

(Language of the case: French)

(2002/C 289/07)

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

(Language of the case: French)

In Case C-351/01, Commission of the European Communities
(Agent: M. Patakia) v French Republic (Agents: G. de Bergues
and C. Bergeot-Nunes): Application for a declaration 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 (OJ 1998 L 77, p. 36), the French
Republic has failed to fulfil its obligations under that directive,
the Court (Third Chamber), composed of: F. Macken, President
of the Chamber, C. Gulmann (Rapporteur) and J.-P. Puissochet,
Judges; S. Alber, Advocate General; R. Grass, Registrar, has
given a judgment on 26 September 2002, in which it:

1. Declares that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Direc-
tive 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, the French Republic
has failed to fulfil its obligations under that directive;

2. Orders the French Republic to pay the costs.

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

In Case C-394/01, French Republic (Agents: G. de Bergues and
F. Million) v Commission of the European Communities
(Agent: G. Rozet): Application for annulment of Commission
Decision 2001/882/EC of 25 July 2001 on the State aid
implemented by France in the form of development assistance
for the cruise vessel Le Levant, built by Alstom Leroux Naval
for operation in Saint-Pierre-et-Miquelon (OJ 2001 L 327,
p. 37), the Court (Fifth Chamber), composed of: P. Jann,
President of the Chamber, S. von Bahr (Rapporteur), M. Wathe-
let, C.W.A. Timmermans and A. Rosas, Judges; J. Mischo,
Advocate General; R. Grass, Registrar, has given a judgment
on 3 October 2002, in which it:

1. Dismisses the application;

2. Orders the French Republic to pay the costs.

( 1) OJ C 317 of 10.11.2001.

(1) OJ C 369 of 22.12.2001.