Case C-177/04: Action brought on 14 April 2004 by the Commission of the European Communities against the Republic of France
Date: 2004-04-30
Institutions: Court of Justice
Subjects: European Commission, France, action for failure to fulfil an obligation, defective product, national implementing measure, producer's liability

C 118/34

EN

Official Journal of the European Union

30.4.2004

Action brought on 14 April 2004 by the Kingdom of
Belgium against the Commission of the European Commu-
nities

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

(Case C-176/04)

(2004/C 118/64)

An action against the Commission of the European Commu-
nities was brought before the Court of Justice of the European
Communities by the Kingdom of Belgium, represented by A.
Goldman, acting as Agent assisted by H. Gilliams, acting as
avocat

The Kingdom of Belgium claims that the Court should:

— annul Commission Decision 2004/1367EC of 4 February
2004 excluding from Community financing certain expen-
diture incurred by the Member States under the Guarantee
Section of the European Agricultural Guidance and Guar-
antee Fund (EAGGF) (1) in so far as it excludes from Com-
munity financing expenditure of EURO 9,322,809 for
arable crops in respect of the applicant;

— in the alternative, on the basis of its comprehensive jurisdic-
tion, reduce the correction of EUR 9,322,809 applied by
the Commission to EUR 1,079,814.

— The applicant also asks that the Commission be ordered to

pay the costs of these proceedings.

Pleas in law and main arguments

The two infringements alleged by the Commission to have
been committed by Belgium, namely incomplete administrative
checks and delay in the introduction of the graphic data for the
crop years in question, are in reality based on a misapplication
the Community provisions. The
by the Commission of
Commission is therefore wrong to impose a fixed correction
on the applicant.

(1) OJ L 40 of 10.2.2004, p. 31.

1. find that, by failing to take the measures required to imple-
ment the judgment of the Court of Justice of the European
Communities of 25 April 2002 in Case C-52/00 on the
incorrect
the
its obligations under
French Republic has failed to fulfil
Article 228(1) of the Treaty establishing the European Com-
munity;

transposition of Directive 85/374/EEC (1),

Communities

2. order the French Republic to pay the Commission of the
European
resources
account) a fine of EURO 137,150 per day of delay in imple-
menting the judgment in Case C-52/00 from the day on
which judgment is delivered in this case until the day on
which the judgment in Case C-52/00 (2) is implemented;

(Community

own

3. order the French Republic to pay the costs.

Pleas in law and main arguments

Implementation of the judgment of the Court of 25 April 2002
entails amending provisions of the French civil code that are
incompatible with Directive 85/374. The French Republic
ought therefore to have begun the necessary legislative proce-
dure immediately after the judgment was delivered. However
the amendments have still not been adopted. A fine of EURO
137,150 per day of delay in implementing the judgement is
appropriate to the seriousness and durations of the infringe-
ment and takes account of the requirement that the penalty be
effective.

(1) Council Directive 85/374/EEC of 25 July 1985 on the approxima-
tion of the laws, regulations and administrative provisions of the
Member States concerning liability for defective products

(2) [2002] ECR I-3827

Action brought on 14 April 2004 by the Commission of
the European Communities against the Republic of France

(Case C-177/04)

(2004/C 118/65)

Removal from the register of Case C-49/03 (1)

(2004/C 118/66)

By order of 26 March 2004 the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-49/03 (reference for a preliminary
ruling from the Cour d'appel de Rennes): Alain Rousseau v
Association Comité économique régional fruits et légumes de
Bretagne (CERAFEL).

Justice of

An action against the Republic of France was brought before
the European Communities by the
the Court of
Commission of the European Communities, represented by G.
Valero Jordana and B. Stromsky, acting as Agents, with an
address for service in Luxembourg

(1) OJ C 70 of 22.3.2003.