Judgment of the Court (Third Chamber) of 27 November 2003 in Case C-66/03: Commission of the European Communities v French Republic (Failure of a Member State to fulfil obligations — Failure to implement — Directive 2000/39/EC)
Date: 2004-01-24
Institutions: Court of Justice
Subjects: European Commission, France, action for failure to fulfil an obligation, chemical product, national implementing measure, occupational health, occupational safety, safety standard

C 21/8

EN

Official Journal of the European Union

24.1.2004

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Third Chamber)

of 27 November 2003

(Third Chamber)

of 27 November 2003

in Case C-332/02: Commission of the European Communi-
ties v United Kingdom of Great Britain and Northern
Ireland (1)

(Failure of a Member State to fulfil obligations — Failure to
transpose Directive 1999/13/EC)

in Case C-66/03: Commission of the European Communi-
ties v French Republic (1)

(Failure of a Member State to fulfil obligations — Failure to
implement — Directive 2000/39/EC)

(2004/C 21/13)

(Language of the case: English)

In Case C-332/02, Commission of the European Communities
(Agent: X. Lewis) with an address for service in Luxembourg, v
United Kingdom of Great Britain and Northern Ireland (Agent:
P. Ormond, then by C. Jackson, assisted by M. Demetriou):
Application for a declaration that, by failing to adopt the laws,
regulations and administrative provisions necessary to comply
with Council Directive 1999/13/EC of 11 March 1999 on the
limitation of emissions of volatile organic compounds due to
the use of organic solvents in certain activities and installations
(OJ 1999 L 85, p. 1) or, at least, by failing to inform the
Commission of such measures, the United Kingdom of Great
Britain and Northern Ireland has failed to fulfil its obligations
under Article 15 of that directive, the Court (Third Chamber),
composed of: A. Rosas (Rapporteur), President of the Chamber,
R. Schintgen and N. Colneric, Judges; L.A. Geelhoed, Advocate
General; R. Grass, Registrar, has given a judgment on 27 Nov-
ember 2003, in which it:

1. Declares that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Council
Directive 1999/13/EC of 11 March 1999 on the limitation
of emissions of volatile organic compounds due to the use of
organic solvents in certain activities and installations,
the
United Kingdom of Great Britain and Northern Ireland has
failed to fulfil its obligations under Article 15 of that directive;

2. Orders the United Kingdom of Great Britain and Northern

Ireland to pay the costs.

(2004/C 21/14)

(Language of the case: French)

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

list of

In Case C-66/03, Commission of the European Communities
(Agent: N. Yerrell), with an address for service in Luxembourg,
v French Republic (Agents: G. de Bergues and C. Bergeot-
Nunes): Application for a declaration that, by failing to adopt
and/or communicate to the Commission the laws, regulations
and administrative provisions necessary to comply with Com-
mission Directive 2000/39/EC of 8 June 2000 establishing a
first
indicative occupational exposure limit values
in implementation of Council Directive 98/24/EC on the
protection of the health and safety of workers from the risks
related to chemical agents at work (OJ 2000 L 142, p. 47), the
French Republic has failed to fulfil its obligations under the EC
Treaty, the Court (Third Chamber), composed of: A. Rosas,
President of the Chamber, D.A.O. Edward (Rapporteur) and
R. Schintgen, Judges; A. Tizzano, Advocate General; R. Grass,
Registrar, has given a judgment on 27 November 2003, in
which it:

1. Declares that, by failing to adopt all the laws, regulations and
administrative provisions necessary to comply with Commission
Directive 2000/39/EC of 8 June 2000 establishing a first list
of indicative occupational exposure limit values in implemen-
tation of Council Directive 98/24/EC on the protection of the
health and safety of workers from the risks related to chemical
agents at work, the French Republic has failed to fulfil its
obligations under that Directive;

2. Orders the French Republic to pay the costs.

(1) OJ C 274 of 9.11.2002.

(1) OJ C 70 of 22.3.2003.