Judgment of the Court (Second Chamber) of 16 October 2003 in Case C-307/02: Commission of the European Communities v French Republic (Failure of a Member State to fulfil obligations — Directive 2000/21/EC — Labelling of dangerous substances — Failure to transpose)
Date: 2003-11-29
Institutions: Court of Justice
Subjects: France, action for failure to fulfil an obligation, dangerous substance, labelling, marketing, national implementing measure

C 289/8

EN

Official Journal of the European Union

29.11.2003

— it is carried out under strictly supervised conditions and

on a selective basis;

— it applies only to certain birds in small numbers;

gations under Article 3 of that directive, the Court (Second
Chamber), composed of: R. Schintgen, President of
the
Chamber, V. Skouris and N. Colneric (Rapporteur), Judges;
C. Stix-Hackl, Advocate General; R. Grass, Registrar, has given
a judgment on 16 October 2003, in which it:

— mention is made of:

(a)

the species which are subject to the derogations;

(b)

(c)

(d)

the means, arrangements or methods authorised for
capture or killing;

the conditions of risk and the circumstances of time
and place under which such derogations may be
granted;

the authority empowered to declare that the required
conditions obtain and to decide what means,
arrangements or methods may be used, within what
limits and by whom;

(e)

the controls which will be carried out.

(1) OJ C 169 of 13.7.2002.

1. Declares that, by failing to adopt all the laws, regulations and
administrative measures necessary to comply with Commission
Directive 2000/21/EC of 25 April 2000 concerning the list
of Community legislation referred to in the fifth indent of
Article 13(1) of Council Directive 67/548/EEC, the French
Republic has failed to fulfil its obligations under Article 3 of
that directive;

2. Orders the French Republic to pay the costs.

(1) OJ C 247 of 12.10.2002.

JUDGMENT OF THE COURT

(Second Chamber)

of 16 October 2003

JUDGMENT OF THE COURT

(Second Chamber)

of 16 October 2003

in Case C-325/02: Commission of the European Communi-
ties v Grand Duchy of Luxembourg (1)

in Case C-307/02: Commission of the European Communi-
ties v French Republic (1)

(Failure of a Member State to fulfil obligations — Failure to
transpose Directive 98/81/EC)

(Failure of a Member State to fulfil obligations — Directive
2000/21/EC — Labelling of dangerous substances — Failure
to transpose)

(2003/C 289/15)

(Language of the case: French)

(2003/C 289/14)

(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-307/02, Commission of the European Communities
(Agent: L. Ström) v French Republic (Agents: G. de Bergues
and D. Petrausch): Application for a declaration that, by failing
to adopt the laws, regulations and administrative provisions
necessary to comply with Commission Directive 2000/21/EC
of 25 April 2000 concerning the list of Community legislation
referred to in the fifth indent of Article 13(1) of Council
Directive 67/548/EEC (OJ 2000 L 103, p. 70), or in any
event not immediately informing the Commission of those
provisions, the French Republic has failed to fulfil its obli-

In Case C-325/02, Commission of the European Communities
(Agents: U. Wölker and F. Simonetti) v Grand Duchy of
Luxembourg (Agent: P. Gramegna): Application for a declar-
ation that, by transposing only part of Article 1 of and
Annexes IV and V to Council Directive 98/81/EC of 26 October
1998 amending Directive 90/219/EEC on the contained use
of genetically modified micro-organisms (OJ 1998 L 330,
p. 13), the Grand Duchy of Luxembourg has failed to fulfil its
obligations under Article 2 of
the Court
(Second Chamber), composed of: R. Schintgen, President of
the Chamber, V. Skouris and N. Colneric (Rapporteur), Judges;
F.G. Jacobs, Advocate General; R. Grass, Registrar, has given a
judgment on 16 October 2003, in which it:

that directive,