Judgment of the Court (Sixth Chamber) 11 March 2004 In Case C-496/01: Commission of the European Communities v French Republic
Date: 2004-04-17
Institutions: Court of Justice
Subjects: EU Member State, European Commission, action for failure to fulfil an obligation, medical diagnosis, research body, social security

17.4.2004

EN

Official Journal of the European Union

C 94/5

— to identify completely waters pursuant to Article 3(1) in
accordance with the criteria set out in Annex I and to
notify these to the Commission,

— to designate vulnerable zones pursuant to Article 3(2) and/

or Article 3(4) thereof,

— to establish action programmes in accordance with Article

5 of the Directive, and

— to carry out correctly and completely monitoring and
review of waters in accordance with Article 6(1)(a), (b) and
(c) of the Directive,

Ireland has failed to fulfil its obligations thereunder, the Court
(Fifth Chamber), composed of: P. Jann, acting for the President
the Chamber, C.W.A. Timmermans and S. von Bahr
of
(Rapporteur),
Judges; L.A. Geelhoed, Advocate General; R.
Grass, Registrar, has given a judgment on 23 October 2003, in
which:

1) declares that by failing, within the time-limits provided for
in Council Directive 91/676/EEC of 12 December 1991
concerning the protection of waters against pollution
caused by nitrates from agricultural sources,

— to identify completely waters pursuant to Article 3(1) in

accordance with the criteria set out in Annex I,

— to designate vulnerable zones pursuant to Article 3(2) and/

or Article 3(4) thereof,

— to establish action programmes in accordance with Article

5 of the Directive, and

— to carry out correctly and completely monitoring and
review of waters in accordance with Article 6(1)(a), (b) and
(c) of the Directive,

(Language of the case: French)

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

In Case C-496/01: Commission of the European Communities
(Agent: M. Patakia), with an address for service in Luxembourg,
against French Republic (Agents: G. de Bergues and C. Bergeot-
Nunes):

— Application for a declaration that,

— by requiring that bio-medical analysis laboratories estab-
lished in other Member States have their place of business
in France in order to obtain the requisite operating authori-
sation;

by precluding any reimbursement of the costs of bio-medical
analyses carried out by a bio-medical analysis laboratory estab-
lished in another Member State,

the
French Republic has failed to fulfil its obligations under Articles
43 EC and 49 EC, the Court (Sixth Chamber), composed of: V.
Skouris, acting for the President of the Sixth Chamber, C.
J.-P. Puissochet, R. Schintgen and N. Colneric
Gulmann,
(Rapporteur),
J. Mischo, Advocate General; R. Grass,
Registrar, has given a judgment on 11 March 2004, in which
it: 1.

Judges;

— Declares that, by imposing on bio-medical analysis labora-
tories established in other Member States, a requirement
that they have a place of business in France in order to
obtain the necessary operating authorisation and by
precluding any reimbursement of the costs of bio-medical
analyses carried out by a bio-medical analysis laboratory
established in another Member State, the French Republic
has failed to fulfil its obligations under Article 49 EC;

2. Dismisses the remainder of the application;

Ireland has failed to fulfil its obligations thereunder.

3. Orders each party to bear its own costs.

2) Orders Ireland to bear the costs.

(1) OJ C 369 of 22.12.2001.

(1) OJ C 44 of 16.02.2002.

JUDGMENT OF THE COURT

(Sixth Chamber)

11 March 2004

In Case C-496/01: Commission of the European Commu-
nities v French Republic (1)

(Failure of a Member State to fulfil
its obligations —
France — Freedom to provide services — Right of estab-
lishment — Rules governing bio-medical analysis labora-
tories — Conditions for the grant of an administrative
operating authorisation — Place of business in France)

JUDGMENT OF THE COURT

(Fifth Chamber)

11 March 2004

In Case C-9/02 (Reference for a preliminary ruling from
the Conseil d'État): Hughes de Lasteyrie du Saillant v
Ministère de l'Économie, des Finances et de l'Industrie (1)

(Freedom of establishment — Article 52 of the EC Treaty
(now, after amendment, Article 43 EC) — Tax legislation
— Transfer of residence for tax purposes to another
Member State — Methods of taxing increased value of
securities)

(2004/C 94/09)

(Language of the case: French)

(2004/C 94/08)

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