Judgment of the Court (Sixth Chamber) of 20 November 2003 in Case C-296/01: Commission of the European Communities v French Republic (Failure of a Member State to fulfil obligations — Failure to transpose Directive 90/220/EEC — Genetically modified organisms)
Date: 2004-01-10
Institutions: Court of Justice
Subjects: European Commission, France, action for failure to fulfil an obligation, environmental protection, genetically modified organism, public health

10.1.2004

EN

Official Journal of the European Union

C 7/9

JUDGMENT OF THE COURT

(Fifth Chamber)

milk, heat-treated milk and milk-based products, as amended by
Council Directive 94/71/EC of 13 December 1994, and Articles 28
EC And 30 EC preclude national legislation such as that at issue in
the main proceedings, which requires a use-by date of four days after
preparation for high-temperature pasteurised milk.

of 13 November 2003

(1) OJ C 275 of 29.9.2001.

in Case C-294/01 (Reference for a preliminary ruling from
the Tribunale civile di Bologna): Granarolo SpA v Comune
di Bologna (1)

(Agriculture — Health rules for the production and placing
on the market of heat-treated milk — Free movement of
goods — National law imposing a use-by date for high-
temperature pasteurised milk)

(2004/C 7/13)

JUDGMENT OF THE COURT

(Sixth Chamber)

of 20 November 2003

(Language of the case: Italian)

in Case C-296/01: Commission of the European Communi-
ties v French Republic (1)

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

(Failure of a Member State to fulfil obligations — Failure to
transpose Directive 90/220/EEC — Genetically modified
organisms)

In Case C-294/01: Reference to the Court under Article 234
EC by the Tribunale civile di Bologna (Italy) for a preliminary
ruling in the proceedings pending before that court between
Granarolo SpA and Comune di Bologna, on the interpretation
of Council Directive 92/46/EEC of 16 June 1992 laying down
the health rules for the production and placing on the market
of raw milk, heat-treated milk and milk-based products (OJ
1992 L 268, p. 1), as amended by Council Directive 94/71/EC
of 13 December 1994 (OJ 1994 L 368, p. 33), of Council
Directive 79/112/EEC of 18 December 1978 on the approxi-
mation of the laws of the Member States relating to the
labelling, presentation and advertising of foodstuffs (OJ 1979
L 33, p. 1), as amended by Directive 97/4/EC of the European
Parliament and of the Council of 27 January 1997 (OJ 1997
L 43, p. 21), and of Council Directive 89/396/EEC of 14 June
1989 on indications or marks identifying the lot to which a
foodstuff belongs (OJ 1989 L 186, p. 21), the Court (Fifth
Chamber), composed of: C.W.A. Timmermans, President of
the Fourth Chamber, acting as President of the Fifth Chamber,
P.
Judges; P. Léger,
Advocate General; M.-F. Contet, Principal Administrator, for
the Registrar, has given a judgment on 13 November 2003, in
which it has ruled:

Jann and S. von Bahr (Rapporteur),

Council Directive 92/46/EEC of 16 June 1992 laying down the
health rules for the production and placing on the market of raw

(2004/C 7/14)

(Language of the case: French)

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

In Case C-296/01, Commission of the European Communities
(Agent: G. zur Hausen, assisted by M. van der Woude and V.
Landes) v French Republic (Agents: G. de Bergues and R.
Loosli-Surrans): Application for a declaration that, by failing
to transpose correctly and fully Articles 5(1) to (4), 6(2) and
(5), 9(3), 11(1), (2), (3) and (6), 12(3) and (4) and 19(2), (3)
and (4) of Council Directive 90/220/EEC of 23 April 1990 on
the deliberate release into the environment of genetically
modified organisms (OJ 1990 L 117, p. 15), as amended by
Commission Directive 97/35/EC of 18 June 1997 adapting to
technical progress for the second time Directive 90/220 (OJ
1997 L 169, p. 72), the French Republic has failed to fulfil its
obligations under that directive and Article 249 EC, the Court
(Sixth Chamber), composed of: J.-P. Puissochet, President of
the Chamber, R. Schintgen, V. Skouris, N. Colneric (Rappor-
teur) and J.N. Cunha Rodrigues, Judges; J. Mischo, Advocate
General; R. Grass, Registrar, has given a judgment on 20 Nov-
ember 2003, in which it:

C 7/10

EN

Official Journal of the European Union

10.1.2004

1. Declares that, by failing to transpose Articles 5(1) to (4),
11(1), (2) and (3) and 19(2) and (3) of Directive 90/220/
EEC of 23 April 1990 on the deliberate release into the
environment of genetically modified organisms, as amended by
Commission Directive 97/35/EC of 18 June 1997 adapting
to technical progress for the second time Directive 90/220, the
French Republic has failed to fulfil its obligations under that
directive.

2. Dismisses the remainder of the application.

3. Orders the French Republic to pay the costs.

(1) OJ C 259 of 15.9.2001.

of the Fifth Chamber, D.A.O. Edward and A. La Pergola,
Judges; C. Stix-Hackl, Advocate General; L. Hewlett, Principal
Administrator, for the Registrar, has given a judgment on
20 November 2003, in which it has ruled:

1. Article 13A(1)(c) of Sixth Council Directive 77/388/EEC of
17 May 1977 on the harmonisation of the laws of the Member
States relating to turnover taxes — Common system of value
added tax: uniform basis of assessment, is to be interpreted as
meaning that the exemption from VAT under that provision
applies to medical services consisting of:

— conducting medical

examinations of

individuals

for

employers or insurance companies,

— the taking of blood or other bodily samples to test for the
presence of viruses, infections or other diseases on behalf
of employers or insurers, or

— certification of medical fitness, for example, as to fitness

to travel,

JUDGMENT OF THE COURT

where those services are intended principally to protect the
health of the person concerned.

(Fifth Chamber)

of 20 November 2003

2.

The said exemption does not apply to the following services,
performed in the exercise of the medical profession:

in Case C-307/01 (Reference for a preliminary ruling
from the Duties Tribunal, London): Peter d’Ambrumenil,
Dispute Resolution Services Ltd v Commissioners of
Customs and Excise (1)

(Sixth VAT Directive — Exemption for medical care provided
in the exercise of the medical and paramedical professions)

(2004/C 7/15)

(Language of the case: English)

In Case C-307/01: Reference to the Court under Article 234
EC by the VAT and Duties Tribunal, London (United Kingdom),
for a preliminary ruling in the proceedings pending before that
tribunal between Peter d’Ambrumenil, Dispute Resolution
Services Ltd and Commissioners of Customs and Excise, on
the interpretation of Article 13A(1)(c) of Sixth Council Direc-
tive 77/388/EEC of 17 May 1977 on the harmonisation of the
laws of the Member States relating to turnover taxes —
Common system of value added tax: uniform basis of assess-
ment (OJ 1977 L 145, p. 1), the Court (Fifth Chamber),
composed of: A. Rosas (Rapporteur), acting for the President

— giving certificates as to a person’s medical condition for

purposes such as entitlement to a war pension,

— medical examinations conducted with a view to the
preparation of an expert medical report regarding issues of
liability and the quantification of damages for individuals
contemplating personal injury litigation,

— the preparation of medical reports following examinations
referred to in the previous indent and medical reports
based on medical notes without conducting a medical
examination,

— medical examinations conducted with a view to the
preparation of expert medical reports regarding pro-
fessional medical negligence for individuals contemplating
litigation,

— the preparation of medical reports following examinations
referred to in the previous indent and medical reports
based on medical notes without conducting a medical
examination.

(1) OJ C 317 of 10.11.2001.