Judgment of the Court (Fifth Chamber) of 22 June 2004 in Case C-439/02: Commission of the European Communities v French Republic (Failure of a Member State to fulfil its obligations — Maritime Transport — Directive 95/21/EC — Maritime safety — Port State control of vessels — Insufficient number of inspections)
Date: 2004-08-07
Institutions: Court of Justice
Subjects: European Commission, France, action for failure to fulfil an obligation, harbour installation, international standard, maritime transport, prevention of pollution, transport safety, working conditions

7.8.2004

EN

Official Journal of the European Union

C 201/5

2. Dismisses the remainder of the action;

3. Orders the Kingdom of the Netherlands to bear, in addition to its

own costs, three quarters of the Commission's costs;

by Council Directive 97/11/EC of 3 March 1997, in relation to
projects listed in Annex II, paragraph 1(c), to the Directive and by
failing to notify the measures taken to implement that provision in
England and Wales, the United Kingdom has failed to fulfil its
obligations under that directive;

4. Orders the Commission, as to the remainder of the action to bear

its own costs.

2. Orders the United Kingdom to pay the costs.

(1) OJ C 323, 21.12.2002.

(1) OJ C 7, 11.1.2002.

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Third Chamber)

of 24 June 2004

(Fifth Chamber)

of 22 June 2004

in Case C-421/02: Commission of the European Commu-
nities v United Kingdom of Great Britain and Northern
Ireland (1)

in Case C-439/02: Commission of the European Commu-
nities v French Republic (1)

(Failure of a Member State to fulfil obligations — Directive
85/337/EEC — Incomplete transposition)

(Failure of a Member State to fulfil its obligations — Mari-
time Transport — Directive 95/21/EC — Maritime safety —
Port State control of vessels — Insufficient number of inspec-
tions)

(2004/C 201/08)

(Language of the case: English)

(2004/C 201/09)

(Language of the case: French)

In Case C-421/02: Commission of the European Communities
(Agent: X. Lewis) v United Kingdom of Great Britain and
Northern Ireland (Agent: P. Ormond) — application for a
declaration that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Article 4(2)
of Council Directive 85/337/EEC of 27 June 1985 on the
assessment of the effects of certain public and private projects
on the environment (OJ 1985 L 175, p. 40), as amended by
Council Directive 97/11/EC of 3 March 1997 (OJ 1997 L 73,
p. 5), in relation to projects listed in Annex II, paragraph 1(b)
and 1(c), to that directive, or, in any event, by failing to notify
such provisions to the Commission, the United Kingdom of
Great Britain and Northern Ireland has failed to fulfil its obliga-
tions under that directive — the Court
(Third Chamber),
composed of: A. Rosas, President of the Chamber, R. Schintgen
and N. Colneric (Rapporteur), Judges; D. Ruiz-Jarabo Colomer,
Advocate General; R. Grass, Registrar, has given a judgment on
24 June 2004, in which it:

1. Declares that, by failing to adopt

in Scotland and Northern
Ireland the laws, regulations and administrative provisions neces-
sary
of Council Directive
85/337/EEC of 27 June 1985 on the assessment of the effects of
certain public and private projects on the environment, as amended

comply with Article 4(2)

to

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

least 25 % of

inspections corresponding to at

In Case C-439/02: Commission of the European Communities
(Agents: K. Simonsson and W. Wils ) v French Republic
(Agents: G. de Bergues and P. Boussaroque ) — application for
a declaration that, by failing to carry out a total number of
the
annual
number of individual vessels which entered its ports in 1999
and 2000, the French Republic has failed to fulfil its obligations
under Article 5(1) of Council Directive 95/21/EC of 19 June
1995 concerning the enforcement, in respect of shipping using
Community ports and sailing in the waters under the jurisdic-
tion of the Member States, of international standards for ship
safety, pollution prevention and shipboard living and working
conditions (port State control) (OJ 1995 L 157, p. 1), — the
Court (Fifth Chamber), composed of: C. Gulmann, President of
the Chamber, S. von Bahr and R. Silva de Lapuerta (Rappor-
teur), Judges; F.G. Jacobs, Advocate General; R. Grass, Registrar,
has given a judgment on 22 June 2004, in which it:

C 201/6

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Official Journal of the European Union

7.8.2004

1. Declares that, by failing to carry out inspections of at least 25 %
of the number of
individual vessels which entered its ports in
1999 and 2000, the French Republic has failed to fulfil its obli-
gations under Article 5(1) of Council Directive 95/21/EC of 19
June 1995 concerning the enforcement,
in respect of shipping
using Community ports and sailing in the waters under the juris-
diction of the Member States, of international standards for ship
safety, pollution prevention and shipboard living and working
conditions (port State control);

R. Grass, Registrar, has given a judgment on 17 June 2004, in
which it:

the laws,

1. Declares that, by failing to adopt

regulations and
administrative provisions necessary to comply with Commission
Directive 2000/52/EC of 26 July 2000 amending Directive
80/723/EEC on the transparency of financial relations between
Member States and public undertakings, Ireland has failed to fulfil
its obligations under that directive;

2. Orders the French Republic to pay the costs.

(1) OJ C 19, 25.1.2003.

2. Orders Ireland to pay the costs.

(1) OJ C 101, 26.4.2003.

JUDGMENT OF THE COURT

(Fifth Chamber)

of 17 June 2004

JUDGMENT OF THE COURT

(Fourth Chamber)

of 10 June 2004

in Case C-99/03: Commission of the European Commu-
nities v Ireland (1)

in Case C-302/03: Commission of the European Commu-
nities v Italian Republic (1)

(Failure of a Member State to fulfil its obligations — Direc-
financial relations
tive 2000/52/EC — Transparency of
between Member States and public undertakings — Failure
to implement within the prescribed period)

(Failure of a Member State to fulfil its obligations — Direc-
tive 1999/22/EC — Keeping of wild animals in zoos —
Failure to implement within the period prescribed)

(2004/C 201/10)

(Language of the case: English)

(2004/C 201/11)

(Language of the case: Italian)

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

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

In Case C-99/03: Commission of the European Communities
(Agent: J. Flett) v Ireland (Agent: D. O'Hagan) — application for
a declaration that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Commis-
sion Directive 2000/52/EC of 26 July 2000 amending Directive
80/723/EEC on the transparency of financial relations between
Member States and public undertakings (OJ 2000 L 193, p. 75)
or, in any event, by failing to notify the Commission of those
measures, Ireland has failed to fulfil its obligations under that
directive — the Court
(Fifth Chamber), composed of: C.
Gulmann, President of the Chamber, S. von Bahr (Rapporteur)
and R. Silva de Lapuerta, Judges; A. Tizzano, Advocate General;

In Case C-302/03: Commission of the European Communities
(Agents: M. van Beek and R. Amorosi) v Italian Republic
(Agent: I.M. Braguglia, assisted by G. de Bellis) — application
for a declaration that, by failing to adopt the laws, regulations
and administrative provisions necessary to implement Council
Directive 1999/22/EC of 29 March 1999 relating to the
keeping of wild animals in zoos (OJ 1999 L 94, p. 24), or, in
any event, by failing to notify those provisions to the Commis-
sion, the Italian Republic has failed to fulfil
its obligations
under that directive — the Court (Fourth Chamber), composed
the
of:
Chamber,
Judges; P. Léger,
Advocate General; R. Grass, Registrar, has given a judgment on
10 June 2004, in which it:

J.-P. Puissochet and K. Lenaerts,

(Rapporteur), President of

J.N. Cunha Rodrigues