Case C-263/04: Action brought on 24 June 2004 by the Commission of the European Communities against the French Republic
Date: 2004-08-07
Institutions: Court of Justice
Subjects: European Commission, France, action for failure to fulfil an obligation, administrative check, competition law, exchange of information, regulation of telecommunications, telecommunications industry

7.8.2004

EN

Official Journal of the European Union

C 201/15

Action brought on 24 June 2004 by the Commission of
the European Communities against the French Republic

(Case C-263/04)

(2004/C 201/30)

An action against the French Republic was brought before the
Court of Justice of the European Communities on 24 June
2004 by the Commission of the European Communities, repre-
sented by E. Gippini Fournier and K. Mojzesowicz, acting as
Agents, with an address for service in Luxembourg.

The applicant claims that the Court should:

1. declare that, by failing to supply the Commission with the
information necessary to allow it to confirm that the provi-
sions of Directive 2002/77/EC (1) have been complied with,
France has failed to fulfil its obligations under Article 9 of
that directive;

2. order the French Republic to pay the costs.

Pleas in law and main arguments

Article 9 of Directive 2002/77/EC requires the Member States
to supply the Commission, by not later than 24 July 2003,
with such information as to allow it to confirm that the provi-
sions of that directive have been complied with.

(1) Commission Directive 2002/77/EC of 16 September 2002 on
competition in markets for electronic communications networks
and services (OJ 2002 L 249, p. 21).

Reference for a preliminary ruling by the Tribunal des
affaires de sécurité sociale de Saint-Etienne by judgment
of that Tribunal of 5 April 2004 in the case of SAS
Bricorama France against Caisse Nationale de l'Organisa-
tion Autonome d'Assurance Vieillesse des Travailleurs
Non-Salariés des Professions Industrielles et Commerciales
— Caisse ORGANIC

(Case C-276/04)

(2004/C 201/31)

Reference has been made to the Court of Justice of the Euro-
pean Communities by judgment of the Tribunal des affaires de
sécurité sociale de Saint-Etienne (Saint-Etienne Social Security
Tribunal)
the Court
(France) of 5 April 2004, received at
Registry on 29 June 2004, for a preliminary ruling in the case
of SAS Bricorama France against Caisse Nationale de l'Organi-

sation Autonome d'Assurance Vieillesse des Travailleurs Non-
Salariés des Professions Industrielles et Commerciales — Caisse
ORGANIC.

The Tribunal des affaires de sécurité sociale de Saint-Etienne
asks the Court of Justice of the European Communities to give
a preliminary ruling on the following question:

des

Carburants

(Fuel Distributors'

Should Article 87 EC be interpreted as meaning that State
funding by France through the Comité Professionnel de la
Distribution
Trade
Committee) (‘the CPDC’) and through the Fonds d'Intervention
pour la Sauvegarde de l'Artisanat et du Commerce (Intervention
Fund for the Support of Crafts and Trade) (‘the FISAC’) by way
of assistance when self-employed craftsmen and traders retire
and grants made to the old-age insurance scheme for self-
employed persons in manufacturing and trading occupations,
and to the scheme for self-employed persons in the craft sector
constitute State aid?

Removal from the register of Case C-258/03 (1)

(2004/C 201/32)

By order of 17 May 2004 the President of the Court of Justice
of the European Communities has ordered the removal from
the register of Case C-258/03: Commission of the European
Communities v French Republic.

(1) OJ C 213, 6.9.2003.

Removal from the register of Case C-382/03 (1)

(2004/C 201/33)

By order of 11 May 2004 the President of the Court of Justice
of the European Communities has ordered the removal from
the register of Case C-382/03 (reference for a preliminary
ruling from the Supreme Court, Dublin): Ryanair Ltd v Aer
Rianta cpt.

(1) OJ C 275, 15.11.2003.