Judgment of the Court (Fourth Chamber) of 8 July 2004 in Case C-389/03: Commission of the European Communities v Kingdom of Belgium (Failure of a Member State to fulfil obligations — Failure to transpose Directive 1999/74/EC)
Date: 2004-08-28
Institutions: Court of Justice
Subjects: Belgium, European Commission, European standard, action for failure to fulfil an obligation, laying poultry, protection of animals

28.8.2004

EN

Official Journal of the European Union

C 217/9

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Fourth Chamber)

of 1 July 2004

(Fourth Chamber)

of 8 July 2004

in Case C-331/03: Commission of the European Commu-
nities v French Republic (1)

in Case C-389/03: Commission of the European Commu-
nities v Kingdom of Belgium (1)

(Failure of a Member State to fulfil its obligations — Direc-
tive 2000/53/EC — Failure to transpose within the period
prescribed)

(Failure of a Member State to fulfil obligations — Failure to
transpose Directive 1999/74/EC)

(2004/C 217/16)

(2004/C 217/17)

(Language of the case: French)

(Language of the case: French)

(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-331/03: Commission of the European Communities
(Agents: M. Konstantinidis and F. Simonetti) v French Republic
(Agent: G. de Bergues and E. Puisais) — application for a
declaration that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Directive
2000/53/EC of the European Parliament and of the Council of
18 September 2000 on end-of life vehicles (OJ 2000 L 269, p.
34) and, in any event, by failing to notify them to the Commis-
its obligations
sion, the French Republic has failed to fulfil
under that directive — the Court (Fourth Chamber), composed
of: J.N. Cunha Rodrigues, President of the Chamber, F. Macken
(Rapporteur) and K. Lenaerts, Judges; M. Poiares Maduro, Advo-
cate General; R. Grass, Registrar, gave a judgment on 1 July
2004, the operative part of which is as follows:

In Case C-389/03: Commission of the European Communities
(Agent: A. Bordes) v Kingdom of Belgium (Agent: E. Dominko-
vits) — application for a declaration that, by not adopting the
laws, regulations and administrative provisions necessary to
comply with Council Directive 1999/74/EC of 19 July 1999
laying down minimum standards for the protection of laying
hens (OJ 1999 L 203, p. 53), and, in any event, by failing to
inform the Commission thereof, the Kingdom of Belgium has
failed to fulfil its obligations under that directive — the Court
(Fourth Chamber), composed of: J.N. Cunha Rodrigues, Presi-
dent of the Chamber, F. Macken (Rapporteur) and K. Lenaerts,
Judges; D. Ruiz-Jarabo Colomer, Advocate General; R. Grass,
Registrar, has given a judgment on 8 July 2004, in which it:

1. By failing, within the period prescribed, to adopt the laws, regula-
tions and administrative provisions necessary to comply with
Directive 2000/53/EC of the European Parliament and of the
Council of 18 September 2000 on end-of life vehicles, the French
Republic has failed to fulfil its obligations under that directive;

1. Declares that, by not adopting the laws, regulations and adminis-
trative provisions necessary to comply with Council Directive
1999/74/EC of 19 July 1999 laying down minimum standards
for the protection of laying hens, the Kingdom of Belgium has
failed to fulfil its obligations under that directive;

2. The French Republic is ordered to pay the costs.

2. Orders the Kingdom of Belgium to pay the costs.

(1) OJ C 213 of 6.9.2003.

(1) OJ C 251 of 18.10.2003.