Judgment of the Court (Second Chamber) of 13 February 2003 in Case C-85/02: Commission of the European Communities v French Republic (Failure by a Member State to fulfil its obligations — Failure to implement Directive 91/439/EC)
Date: 2003-04-05
Institutions: Court of Justice
Subjects: European Commissioner, European driving licence, France, driving licence, harmonisation of standards, technical standard, traffic regulations

5.4.2003

EN

Official Journal of the European Union

C 83/5

JUDGMENT OF THE COURT

of 11 February 2003

involvement of a court, once the accused has
obligations and,
determined by the Public Prosecutor.

fulfilled certain
in particular, has paid a certain sum of money

(1) OJ C 212 of 28.7.2001, OJ C 348 of 8.12.2001.

In Joined Cases C-187/01 and C-385/01 (Reference for a
preliminary ruling from the Oberlandesgerich Köln and
Rechtbank van eerste aanleg te Veurne): Hüseyin Gözütok
(C-187/01) and Klaus Brügge (C-385/01) (1)

(Convention implementing the Schengen Agreement — Ne
bis in idem principle — Scope — Decisions by which the
Public Prosecutor definitively discontinues criminal proceed-
ings, without the involvement of a court, once the accused
has satisfied certain conditions)

JUDGMENT OF THE COURT

(Second Chamber)

of 13 February 2003

(2003/C 83/08)

(Languages of the case: German and Dutch)

in Case C-85/02: Commission of the European Communi-
ties v French Republic (1)

(Failure by a Member State to fulfil its obligations — Failure
to implement Directive 91/439/EC)

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

In Joined Cases C-187/01 and C-385/01: References to the
Court under Article 35 EU by the Oberlandesgericht Köln
(Germany) and the Rechtbank van eerste aanleg te Veurne
(Belgium) for a preliminary ruling in the criminal proceedings
before those courts against Hüseyin Gözütok (C-187/01) and
Klaus Brügge (C-385/01), on the interpretation of Article 54
of the Convention implementing the Schengen Agreement of
14 June 1985 between the Governments of the States of the
Benelux Economic Union, the Federal Republic of Germany
and the French Republic on the gradual abolition of checks at
their common borders (OJ 2000 L 239, p. 19), signed on
19 June 1990 at Schengen (Luxembourg), the Court, composed
of: G.C. Rodríguez Iglesias, President,
J.-P. Puissochet,
M. Wathelet, R. Schintgen (Rapporteur) and C.W.A. Timmer-
mans (Presidents of Chambers), C. Gulmann, A. La Pergola,
P.
Jann, V. Skouris, F. Macken, N. Colneric, S. von Bahr
and J.N. Cunha Rodrigues, Judges; D. Ruiz-Jarabo Colomer,
Advocate General; H.A. Rühl, Principal Administrator, for the
Registrar, has given a judgment on 11 February 2003,
in
which it has ruled:

The ne bis in idem principle,
laid down in Article 54 of the
Convention implementing the Schengen Agreement of 14 June 1985
between the Governments of the States of the Benelux Economic
Union, the Federal Republic of Germany and the French Republic on
the gradual abolition of checks at their common borders, signed on
19 June 1990 at Schengen, also applies to procedures whereby
further prosecution is barred, such as the procedures at issue in the
main actions, by which the Public Prosecutor of a Member State
discontinues criminal proceedings brought in that State, without the

(2003/C 83/09)

(Language of the case: French)

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

In Case C-85/02, Commission of the European Communities
(Agent: M. Wolfcarius) v French Republic (Agents: G. de
Bergues and S. Pailler): Application for a declaration that, by
failing to adopt
the laws, regulations and administrative
provisions to implement point 12 of Annex II to Council
Directive 91/439/EEC of 29 July 1991 on driving licences (OJ
1991 L 237, p. 1), and in any event by failing to notify the
Commission of such provisions, the French Republic has failed
to fulfil its obligations under that directive, the Court (Second
Chamber), composed of: R. Schintgen (Rapporteur), President
of the Chamber, V. Skouris and N. Colneric, Judges; F.G. Jacobs,
Advocate General; R. Grass, Registrar, has given a judgment
on 13 February 2003, in which it:

1. Declares that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with point 12 of
Annex II to Council Directive 91/439/EEC of 29 July 1991
on driving licences within the prescribed period, the French
Republic has failed to fulfil its obligations under that directive.

2. Orders the French Republic to pay the costs.

(1) OJ C 97 of 20.4.2002.