Judgment of the Court (Sixth Chamber) of 7 November 2002 in Case C-348/01: Commission of the European Communities v French Republic (Failure of a Member State to fulfil its obligations — Directive 97/11/EC — Environmental impact assessment of certain public and private projects — Incomplete transposition)
Date: 2002-12-21
Institutions: Court of Justice
Subjects: European Commission, France, action for failure to fulfil an obligation, environmental protection, industrial project, project evaluation

21.12.2002

EN

Official Journal of the European Communities

C 323/23

Chamber), composed of: C. Gulmann, acting for the President
of the Second Chamber, V. Skouris and N. Colneric (Rappor-
teur), Judges; A. Tizzano, Advocate General; H. von Holstein,
Deputy Registrar, has given a judgment on 7 November 2002,
in which it has ruled:

1. Articles 3 and 5 of Council Regulation (EEC) No 881/92 of
26 March 1992 on access to the market in the carriage of
goods by road within the Community to or from the territory of
a Member State or passing across the territory of one or more
Member States, and Article 14 of Council Regulation (EEC)
No 3821/85 of 20 December 1985 on recording equipment
in road transport, both in its original version and in that
resulting from Council Regulation (EC) No 2135/98 of
24 September 1998, do not permit a road haulage company
established in one Member State, which hires out vehicles
without drivers to a road haulage company established in
another Member State,
its own
Community authorisation to the lessee or
to retain the
management of the tachograph discs of the hired vehicles.

to transfer the benefit of

2. Article 2(1) of Council Directive 84/647/EEC of 19 December
1984 on the use of vehicles hired without drivers for the
carriage of goods by road, as amended by Council Directive 90/
398/EEC of 24 July 1990, should be interpreted as meaning
that, subject to the possible application of Article 4 of that
directive, vehicles hired without drivers must be registered in the
Member State in which the lessee road haulage company is
established.

( 1) OJ C 227 of 11.8.2001.

JUDGMENT OF THE COURT

(Sixth Chamber)

of 7 November 2002

in Case C-348/01: Commission of the European Communi-
ties v French Republic (1)

(Failure of a Member State to fulfil its obligations —
Directive 97/11/EC — Environmental impact assessment of
certain public and private projects — Incomplete transpo-
sition)

(2002/C 323/31)

(Language of the case: French)

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

In Case C-348/01, Commission of the European Communities
(Agents: G. zur Hausen and J. Adda) v French Republic

(Agents: G. de Bergues and D. Colas also by C.
Isidoro):
Application for a declaration that, by failing to adopt all the
laws, regulations and administrative provisions necessary to
comply with Council Directive 97/11/EC of 3 March 1997
amending Directive 85/337/EEC on the assessment of the
effects of certain public and private projects on the environ-
ment (OJ 1997 L 73, p. 5), alternatively by failing to inform
the Commission of those provisions, the French Republic has
failed to fulfil its obligations under that directive, the Court
(Sixth Chamber), composed of: J.-P. Puissochet, President of
the Chamber, R. Schintgen, C. Gulmann (Rapporteur),
V. Skouris and J.N. Cunha Rodrigues, Judges; A. Tizzano,
Advocate General; M.-F. Contet, Administrator, for the Regis-
trar, has given a judgment on 7 November 2002, in which it:

1. Declares that, by failing to adopt within the prescribed time-
limit all the laws, regulations and administrative provisions
necessary to comply with Article 1(7) and (11) of Council
Directive 97/11/EC of 3 March 1997 amending Directive
85/337/EEC on the assessment of the effects of certain public
and private projects on the environment, the French Republic
has failed to fulfil its obligations under that directive;

2. Orders the French Republic to pay the costs.

(1) OJ C 331 of 24.11.2001.

JUDGMENT OF THE COURT

(First Chamber)

of 7 November 2002

in Case C-352/01: Commission of the European Communi-
ties v Kingdom of Spain (1)

(Failure by a Member State to fulfil its obligations — Failure
to transpose Directive 98/8/EC)

(2002/C 323/32)

(Language of the case: Spanish)

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

In Case C-352/01, Commission of the European Communities
(Agent: G. Valero Jordana) v Kingdom of Spain (Agent:
L. Fraguas Gadea): Application for a declaration that, by failing
to adopt the laws, regulations and administrative provisions
necessary to comply with Directive 98/8/EC of the European
Parliament and of the Council of 16 February 1998 concerning
the placing of biocidal products on the market (OJ 1998
L 123, p. 1) or, in any event, by failing to communicate them
to the Commission, the Kingdom of Spain has failed to fulfil
its obligations under that directive, the Court, composed of: