Judgment of the Court (Third Chamber) of 1 July 2004 in Case C-311/03: Commission of the European Communities v French Republic (Failure of a Member State to fulfil obligations — Directive 1999/44/EC — Failure to transpose within the prescribed period)
Date: 2004-08-28
Institutions: Court of Justice
Subjects: European Commission, France, action for failure to fulfil an obligation, consumer goods, consumer protection, guarantee, national implementing measure, sale

C 217/8

EN

Official Journal of the European Union

28.8.2004

— by failing fully to incorporate in the relevant legislation on the
conservation of air quality the emission limit values
for
sulphur dioxide, oxides of nitrogen and dust laid down in
Article 4(1) and in Annexes III to VII, in particular by diver-
ging from the definition of ‘fuel’ laid down in Article 2(6) of
the Directive, and

— by failing correctly to transpose Article 9(2) and (3) of the
Directive in the Luftreinhaltegesetz für Kesselanlagen and the
Luftreinhalteverordnung für Kesselanlagen, concerning methods
for calculating emission limit values for combustion plants
equipped with multi-firing units using distillation and conver-
sion residues from crude-oil refining for own consumption,
alone or with other fuels;

2. Orders the Republic of Austria to pay the costs.

(1) OJ C 158 of 5.7.2003.

JUDGMENT OF THE COURT

(Fourth Chamber)

of 8 July 2004

2. Orders the Republic of Finland to pay the costs.

(1) OJ C 213 of 6.9.2003.

JUDGMENT OF THE COURT

(Third Chamber)

of 1 July 2004

in Case C-311/03: Commission of the European Commu-
nities v French Republic (1)

(Failure of a Member State to fulfil obligations — Directive
1999/44/EC — Failure to transpose within the prescribed
period)

(2004/C 217/15)

(Language of the case: French)

Case C-292/03: Commission of the European Communities
v Republic of Finland (1)

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

(Member State's failure to fulfil obligations — Environment
— End-of-life vehicles — Directive 2000/53/EC)

(2004/C 217/14)

(Language of the case: Finnish)

In Case C-292/03: Commission of the European Communities
(Agents: M. Konstantinidis and P. Aalto) v Republic of Finland
(Agent: A. Guimaraes-Purokoski) — application for a declara-
tion that, by having failed to adopt the laws, regulations or
administrative provisions necessary in order 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 No
L 269, p. 34) or, in any event, by having failed to inform the
Commission thereof, the Republic of Finland has failed to fulfil
its obligations under
(Fourth
Chamber), composed of: J.N. Cunha Rodrigues, President of the
Chamber, F. Macken (Rapporteur) and K. Lenaerts, Judges; M.
Poiares Maduro, Advocate General; R. Grass, Registrar, has
given a judgment on 8 July 2004 in which it:

that directive — the Court

1. Declares that, by having failed to adopt the laws, regulations or
administrative provisions necessary in order to comply with Direc-
tive 2000/53/EC of the European Parliament and of the Council
of 18 September 2000 on end-of-life vehicles, the Republic of
Finland has failed to fulfil its obligations under that directive.

In Case C-311/03: Commission of the European Communities
(Agent: D. Martin) v French Republic (Agents: G. de Bergues
and R. Loosli-Surrans) — application for a declaration that, by
failing to adopt the laws, regulations and administrative provi-
sions necessary to comply with Directive 1999/44/EC of the
European Parliament and of the Council of 25 May 1999 on
certain aspects of the sale of consumer goods and associated
guarantees (OJ 1999 L 171, p. 12), the French Republic has
failed to fulfil its obligations under that directive — the Court
(Third Chamber), composed of: A. Rosas (Rapporteur), Presi-
dent of the Chamber, R. Schintgen and K. Schiemann, Judges;
F. G. Jacobs, Advocate General; R. Grass, Registrar, has given a
judgment on 1 July 2004, in which it:

necessary

provisions

1. Declares that by failing to adopt the laws, regulations and admin-
istrative
comply with Directive
1999/44/EC of the European Parliament and of the Council of
25 May 1999 on certain aspects of the sale of consumer goods
and associated guarantees within the prescribed period, the French
Republic has failed to fulfil its obligations under that directive.

to

2. Orders the French Republic to pay the costs.

(1) OJ C 213 of 6.9.2003.