Judgment of the Court (Sixth Chamber) of 5 December 2002 in Case C-324/01: Commission of the European Communities v Kingdom of Belgium (Failure by a Member State to fulfil its obligations — Conservation of natural habitats — Wild fauna and flora — Incomplete transposition)
Date: 2003-01-25
Institutions: Court of Justice
Subjects: Belgium, European Commission, action for failure to fulfil an obligation, protection of animal life, protection of plant life, wildlife

25.1.2003

EN

Official Journal of the European Communities

C 19/7

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Sixth Chamber)

of 28 November 2002

(Sixth Chamber)

of 5 December 2002

in Case C-259/01: Commission of the European Communi-
ties v French Republic (1)

in Case C-324/01: Commission of the European Communi-
ties v Kingdom of Belgium (1)

(Failure by a Member State to fulfil
its obligations —
Directive 98/30/EC — Failure to transpose within the
prescribed period)

(Failure by a Member State to fulfil
its obligations —
Conservation of natural habitats — Wild fauna and flora —
Incomplete transposition)

(2003/C 19/12)

(Language of the case: French)

(2003/C 19/13)

(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-259/01, Commission of the European Communities
(Agent: R. Tricot) v French Republic (Agents: G. de Bergues
and A. Bréville-Viéville): Application for a declaration that, by
the laws, regulations and administrative
failing to adopt
provisions necessary to comply with Directive 98/30/EC of
the European Parliament and of the Council of 22 June 1998
concerning common rules for the internal market in natural
gas (OJ 1998 L 204, p. 1), or, in any event, by not notifying
the Commission thereof, the French Republic has failed to
fulfil
in particular,
under Article 29 thereof, the Court (Sixth Chamber), composed
of: R. Schintgen (Rapporteur), President of the Second Chamb-
er, acting for the President of the Sixth Chamber, C. Gulmann,
V. Skouris, F. Macken and N. Colneric, Judges; C. Stix-Hackl,
Advocate General; R. Grass, Registrar, has given a judgment
on 28 November 2002, in which it:

its obligations under that directive and,

1. Declares that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Directive
98/30/EC of the European Parliament and of the Council of
22 June 1998 concerning common rules for the internal market
in natural gas, the French Republic has failed to fulfil
its
obligations under Article 29 thereof;

In Case C-324/01, Commission of the European Communities
(Agents: R. B. Wainwrighte and J. Adda) v Kingdom of Belgium
(Agent: C. Pochet): Application for a declaration that, by failing
to take all the measures necessary to ensure the full and proper
transposition of Articles 1, 4(5), 5(4), 6, 7, 12, 13, 14, 15,
16(1), 22(b) and (c) and 23(2) of Council Directive 92/43/EEC
of 21 May 1992 on the conservation of natural habitats and
of wild fauna and flora (OJ 1992 L 206, p. 7), in conjunction
with Annexes II, IV, V and VI thereto, the Kingdom of Belgium
has failed to fulfil its obligations under the Directive and the
third paragraph of Article 249 EC, the Court (Sixth Chamber),
composed of:
J.-P. Puissochet, President of the Chamber,
C. Gulmann (Rapporteur), F. Macken, N. Colneric and
J.N. Cunha Rodrigues, Judges; P. Léger, Advocate General;
R. Grass, Registrar, has given a judgment on 5 December
2002, in which it:

1. Declares that by failing to adopt all the laws, regulations and
administrative measures necessary to ensure the full and proper
transposition of Articles 1, 4(5), 5(4), 6, 7, 12, 13, 14, 15,
16(1), 22(b) and (c) and 23(2) of Council Directive 92/43/
EEC of 21 May 1992 on the conservation of natural habitats
and of wild fauna and flora, in conjunction with Annexes II,
IV, V and VI thereto, the Kingdom of Belgium has failed to
fulfil its obligations under the Directive;

2. Orders the French Republic to pay the costs.

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

( 1) OJ C 227 of 11.8.2001.

(1) OJ C 289 of 13.10.2001.