Judgment of the Court (Second Chamber) of 16 October 2003 in Case C-325/02: Commission of the European Communities v Grand Duchy of Luxembourg (Failure of a Member State to fulfil obligations — Failure to transpose Directive 98/81/EC)
Date: 2003-11-29
Institutions: Court of Justice
Subjects: Luxembourg, action for failure to fulfil an obligation, genetically modified organism, microorganism, national implementing measure, preparation for market

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,

29.11.2003

EN

Official Journal of the European Union

C 289/9

1. Declares that by transposing only part of Article 1 of Directive
98/81/EC of 26 October 1998 amending Directive 90/219/
EEC on the contained use of genetically modified micro-
organisms and Annexes IV and V to Council Directive 90/
219/EEC of 23 April 1990 on the contained use of genetically
modified micro-organisms in the version in Directive 98/81,
the Grand Duchy of Luxembourg has failed to fulfil
its
obligations under Article 2 of Directive 98/81;

2. Orders the Grand Duchy of Luxembourg to pay the costs.

1. Declares that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Directive
1999/42/EC of the European Parliament and of the Council
of 7 June 1999 establishing a mechanism for the recognition
of qualifications in respect of the professional activities covered
by the Directives on liberalisation and transitional measures
and supplementing the general systems for the recognition of
qualifications, Ireland has failed to fulfil its obligations under
that directive;

(1) OJ C 261 of 26.10.2002.

2. Orders Ireland to pay the costs.

(1) OJ C 7 of 11.1.2003.

JUDGMENT OF THE COURT

(Second Chamber)

of 16 October 2003

JUDGMENT OF THE COURT

(Third Chamber)

of 16 October 2003

in Case C-388/02: Commission of the European Communi-
ties v Ireland (1)

(Failure of a Member State to fulfil its obligations — Failure
to transpose Directive 1999/42/EC)

in Case C-423/02: Commission of the European Communi-
ties v United Kingdom of Great Britain and Northern
Ireland (1)

(Failure of a Member State to fulfil
its obligations —
Environment — Landfill of waste — Directive 1999/31/EC)

(2003/C 289/16)

(Language of the case: English)

(2003/C 289/17)

(Language of the case: English)

In Case C-388/02, Commission of the European Communities
(Agents: M. Patakia and K. Banks) v Ireland (Agent: D. O’Hagan,
assisted by A. Colins): Application for a declaration that, by
failing to adopt the laws, regulations and administrative
provisions necessary to comply with Directive 1999/42/EC of
the European Parliament and of the Council of 7 June 1999
establishing a mechanism for the recognition of qualifications
in respect of the professional activities covered by the Direc-
tives on liberalisation and transitional measures and sup-
plementing the general systems for the recognition of qualifi-
cations (OJ 1999 L 201, p. 77), or in any event by failing to
notify those provisions to the Commission, Ireland has failed
to fulfil its obligations under that directive, the Court (Second
Chamber), composed of: R. Schintgen, President of
the
Chamber, V. Skouris and N. Colneric (Rapporteur), Judges;
A. Tizzano, Advocate General; R. Grass, Registrar, has given a
judgment on 16 October 2003, in which it:

In Case C-423/02, Commission of the European Communities
(Agents: X. Lewis and M. Konstantinidis) v United Kingdom of
Great Britain and Northern Ireland (Agent: P. Ormond):
Application for a declaration that, by failing to adopt all the
laws, regulations or administrative provisions necessary to
comply with Council Directive 1999/31/EC of 26 April 1999
on the landfill of waste (OJ 1999 L 182, p. 1) or, in any event,
by failing to notify such provisions to the Commission, the
United Kingdom of Great Britain and Northern Ireland has
failed to fulfil
fully its obligations under Article 18 of
that directive, the Court (Third Chamber), composed of: J.-
P. Puissochet, President of the Chamber, F. Macken (Rapporte-
ur) and J.N. Cunha Rodrigues, Judges; J. Mischo, Advocate
General; R. Grass, Registrar, has given a judgment on 16 Octo-
ber 2003, in which it: