Case C-510/03: Action brought on 4 December 2003 by the Commission of the European Communities against the Federal Republic of Germany
Date: 2004-01-24
Institutions: Court of Justice
Subjects: European Commission, Germany, action for failure to fulfil an obligation, approximation of laws, gas appliance

C 21/28

EN

Official Journal of the European Union

24.1.2004

The French Republic had confirmed its willingness to comply
with the decision of 13 November 2002. Nevertheless it failed
to submit evidence of the reimbursement by Bull, no later than
17 June 2003, of the cash advance of EUR 450 million,
including interest. The French Republic did not at any time
plead that it found it absolutely impossible to comply with the
decision. It took no action in relation to Bull with a view to
obtaining reimbursement of the aid. Moreover, compliance
with the decision did not present any particular difficulty,
since reimbursement had been agreed upon from the outset
between the Commission and the French Republic on the one
hand, and between the French Republic and Bull on the other
hand.

Pleas in law and main arguments

According to Article 7(6) and Article 19 of Directive 80/778/
EEC, read in conjunction with Annex I to that directive, from
15 July 1985 all water intended for human consumption in
France must have a maximum nitrate concentration of less
than or equal to 50 mg/l.

However, it appears from official publications that in 1988,
13 % of the total population of the region of Brittany were
supplied with water which had, temporarily or permanently, a
nitrate concentration of over 50 mg/l.

In addition the French Republic has allowed the period
prescribed to expire without bringing an action for annulment
of the decision, which must therefore be considered final
against it.

On expiry of the period laid down by the Commission in its
reasoned opinion, the French authorities admitted that that
percentage, although it had decreased, was still 2,6 % in 2002.

(1) OJ 2003 L 209, p. 1.

(1) OJ 1980 L 229, p. 11.

Action brought on 28 November 2003 by the Com-
mission of the European Communities against the French
Republic

Action brought on 4 December 2003 by the Commission
of the European Communities against the Federal Repub-
lic of Germany

(Case C-505/03)

(2004/C 21/51)

(Case C-510/03)

(2004/C 21/52)

An action against the French Republic was brought before the
Court of Justice of the European Communities on 28 Novem-
ber 2003 by the Commission of the European Communities,
represented by G. Valero Jordana and F. Simonetti, acting as
Agents, with an address for service in Luxembourg.

An action against the Federal Republic of Germany was
brought before the Court of Justice of the European Communi-
ties on 4 December 2003 by the Commission of the European
Communities, represented by J.C. Schieferer, with an address
for service in Luxembourg.

The Commission of the European Communities claims that
the Court should:

1.

declare that, by failing to comply with the requirements
of the directive in relation to the nitrate content of
drinking water in Brittany, the French Republic has failed
to fulfil its obligations under Article 7(6) and Annex I of
Council Directive 80/778/EEC of 15 July 1980, as
amended, relating to the quality of water intended for
human consumption (1);

The applicant claims that the Court should:

1.

declare that, by adopting and retaining provisions
impeding the placing on the market and putting into
service of appliances burning gaseous fuel which satisfy
the requirements of Council Directive 90/396/EEC of
29 June 1990 on the approximation of the laws of the
Member States relating to appliances burning gaseous
fuels (1), in particular gas-fuelled water heaters, the Federal
Republic of Germany has failed to fulfil its obligations
under Article 4 of Directive 90/396/EEC;

2.

order the French Republic to pay the costs.

2.

order the Federal Republic of Germany to pay the costs.

24.1.2004

EN

Official Journal of the European Union

C 21/29

Pleas in law and main arguments

Removal from the register of Case C-135/02 (1)

Various provisions adopted by several German Länder (con-
forming to the Federal Model Form of a Furnace Regulation of
24 February 1995) are, in the Commission’s view, incompat-
ible with Directive 90/396/EEC on gas-fuelled appliances.
Those provisions relate to:

— gas boilers with a thermal output of more than 50 kw,

which may be installed only in separate rooms;

— certain gas boilers which must be equipped with a
safety device which prevents the concentration of carbon
monoxide in the air from exceeding 30 ppm; and

— gas boilers which must be equipped with a device which,
in certain circumstances, closes off the gas supply.

This gives rise to an impediment to the placing on the
market in the Länder concerned of appliances satisfying the
requirements of the Directive because, in those Länder, matters
already governed by the Directive, such as the installation of
appliances only in rooms which do not constitute living space,
protection from the release of unburned gas, risk of explosion,
etc., are subject to additional regulation by national provisions.

The Federal Republic of Germany takes the view that, having
regard to the public safety of persons and the protection of life
and health of persons against general risks posed by fuel-
burning installations, the Member States are competent to
increase as appropriate the safety levels of such fuel-burning
installations on the basis of national building regulations. The
Commission rejects that line of argument, pointing out that,
in accordance with the ‘New Approach’ concept, the Directive
contains a comprehensive set of rules on the matters covered
by it so that the adoption of additional national provisions
governing that area no longer comes into question.

(1) OJ 1990 L 196, p. 15.

(2004/C 21/54)

By order of 30 September 2003 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-135/02: Commission of the
European Communities v Federal Republic of Germany.

(1) OJ C 131 of 1.6.2002.

Removal from the register of Case C-142/02 (1)

(2004/C 21/55)

By order of 15 September 2003 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-142/02: Commission of the
European Communities v Grand Duchy of Luxembourg.

(1) OJ C 131 of 1.6.2002.

Removal from the register of Case C-228/02 (1)

(2004/C 21/56)

By order of 17 September 2003 the President of the Second
Chamber of the Court of Justice of the European Communities
ordered the removal from the register of Case C-228/02:
Commission of the European Communities v Grand Duchy of
Luxembourg.

(1) OJ C 180 of 27.7.2002.

Removal from the register of Joined Cases C-157/01 P
and C-169/01 P (1)

Removal from the register of Case C-229/02 (1)

(2004/C 21/53)

(2004/C 21/57)

By order of 17 July 2003 the President of the Court of Justice
of the European Communities ordered the removal from the
register of Joined Cases C-157/01 P and C-169/01 P: Federal
Republic of Germany v RAG Aktiengesellschaft and UK Coal
v Commission of the European Communities.

By order of 18 September 2003 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-229/02 (Reference for a preliminary
ruling by the Bundesvergabeamt): Tenderer: debis/AC and
Others v Hauptverband der österreichischen Sozialversi-
cherungsträger.

(1) OJ C 200 of 14.7.2001, OJ C 168 of 30.6.2001.

(1) OJ C 219 of 14.9.2002.