Judgment of the Court (First Chamber) of 15 July 2004 in Case C-139/03: Commission of the European Communities against Federal Republic of Germany (Failure of a Member State to fulfil its obligations — Failure to transpose Directive 2000/38/EC)
Date: 2004-09-11
Institutions: Court of Justice
Subjects: European Commission, Germany, action for failure to fulfil an obligation, approximation of laws, drug surveillance, pharmaceutical legislation, pharmaceutical product, public health

C 228/12

EN

Official Journal of the European Union

11.9.2004

to

necessary

1. By failing to adopt the laws, regulations and administrative provi-
sions
Commission Directive
comply with
2000/37/EC of 5 June 2000 amending Chapter VIa ‘Pharma-
covigilance’ of Council Directive 81/851/EEC on the approxima-
tion of the laws of the Member States relating to veterinary medic-
inal products, the Federal Republic of Germany has failed to fulfil
its obligations under that 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, the French Republic has failed to fulfil
its obligations under that directive;

2) orders the French Republic to pay the costs.

2. The Federal Republic of Germany is ordered to pay the costs.

(1) OJ C 112 of 10.5.2003.

(1) OJ C 112 of 10.5.2003.

JUDGMENT OF THE COURT

(Fifth Chamber)

of 15 July 2004

JUDGMENT OF THE COURT

(First Chamber)

of 15 July 2004

in Case C-139/03: Commission of the European Commu-
nities against Federal Republic of Germany (1)

in Case C-119/03: Commission of the European Commu-
nities v French Republic (1)

(Failure of a Member State to fulfil its obligations — Failure
to transpose Directive 2000/38/EC)

(Failure of a Member State to fulfil obligations — Failure to
transpose Directive 2000/52/EC — Transparency of financial
relations between Member States and public undertakings)

(2004/C 228/23)

(Language of the case: German)

(2004/C 228/22)

(Language of the case: French)

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

In Case C-119/03: Commission of the European Communities
(Agent: G. Rozet) v French Republic (Agents: G. de Bergues and
C. Lemaire) — application for a declaration that, by failing to
adopt the laws, regulations and administrative provisions neces-
sary 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 under-
takings or,
in any event by failing to notify them to the
Commission, the French Republic has failed to fulfil its obliga-
tions under
(Fifth Chamber),
composed of: C. Gulmann, President of the Chamber, S. von
Bahr (Rapporteur) and R. Silva de Lapuerta, Judges; A. Tizzano,
Advocate General; R. Grass, Registrar, has given a judgment on
15 July 2004 in which it:

that directive — the Court

1) declares that, by failing to adopt the laws, regulations and admin-
istrative provisions necessary to comply with Commission Directive

In Case C-139/03: Commission of the European Communities
(Agents:
J.C. Schieferer and H. Støvlbæk) against Federal
Republic of Germany (Agent: A. Tiemann) — application for a
declaration that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Commis-
sion Directive 2000/38/EC of 5 June 2000 amending Chapter
Va (Pharmacovigilance) of Council Directive 75/319/EEC on
the approximation of provisions laid down by law, regulation
or administrative action relating to medicinal products (OJ
2000 L 139, p. 28), or by failing to inform the Commission
thereof, the Federal Republic of Germany has failed to fulfil its
obligations under that directive — the Court (First Chamber),
composed of: P. Jann (Rapporteur), President of the Chamber,
Ilešič,
J.N. Cunha Rodrigues, K. Lenaerts, E.
Judges; L.A. Geelhoed, Advocate General; R. Grass, Registrar,
has given a judgment on 15 July 2004, the operative part of
which is as follows:

Juhász and M.

11.9.2004

EN

Official Journal of the European Union

C 228/13

1. By failing to adopt the laws, regulations and administrative provi-
sions necessary to comply with the provisions of Commission
Directive 2000/38/EC of 5 June 2000 amending Chapter Va
(Pharmacovigilance) of Council Directive 75/319/EEC on the
approximation of provisions laid down by law, regulation or
administrative action relating to medicinal products, the Federal
Republic of Germany has failed to fulfil its obligations under that
directive.

2. The Federal Republic of Germany is ordered to pay the costs.

(1) OJ C 146 of 21.6.2003.

JUDGMENT OF THE COURT

(Sixth Chamber)

of 15 July 2004

in Case C-141/03: Commission of the European Commu-
nities against Kingdom of Sweden (1)

(Failure of a Member State to fulfil its obligations — Direc-
tive 2002/52/EC — Failure to transpose within the prescribed
period)

(2004/C 228/24)

(Language of the case: Swedish)

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

failure to act,

In Case C-141/03 — application under Article 226 EC for a
declaration of
lodged on 28 March 2003,
Commission of the European Communities (Agents: J. Flett and
P. Hellström) against Kingdom of Sweden (Agent: A. Kruse) —
the Court (Sixth Chamber), composed of: J.-P. Puissochet, Presi-
dent of the Chamber, F. Macken (Rapporteur) and S. von Bahr,
Judges; L.A. Geelhoed, Advocate General; R. Grass, Registrar,
has given a judgment on 15 July 2004, the operative part of
which is as follows:

By failing to adopt the laws, 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, the Kingdom of Sweden has
failed to fulfil its obligations under that directive.

The Kingdom of Sweden is ordered to pay the costs.

(1) OJ C 146 of 21.6.2003

JUDGMENT OF THE COURT

(Second Chamber)

of 15 July 2004

in Case C-213/03 (reference for a preliminary ruling by the
Cour de cassation): Syndicat professionnel coordination
des pêcheurs de l'étang de Berre et de la region v Électri-
cité de France (EDF) (1)

(Convention for the Protection of the Mediterranean Sea
against Pollution (Barcelona Convention — Protocol for the
Protection of the Mediterranean Sea against Pollution from
Land-based Sources — Article 6(3) — Authorisation to
discharge — Direct effect)

(2004/C 228/25)

(Language of the case: French)

In Case C-213/03: reference to the Court under Article 234 EC
by the Cour de cassation (France) for a preliminary ruling in
the proceedings pending before that court between Syndicat
professionnel coordination des pêcheurs de l'étang de Berre et
de la region and Électricité de France (EDF) — on the interpre-
tation of Article 6(3) of the Protocol for the Protection of the
Mediterranean Sea against Pollution from Land-based Sources,
signed in Athens on 17 May 1980, approved by Council Deci-
sion 83/101/EEC of 28 February 1983 (OJ 1983 L 67, p. 1),
and of Article 6(1) of the Protocol as amended at the Confer-
ence of Plenipotentiaries held in Syracuse on 7 and 8 March
1996, which amendments were approved by Council Decision
1999/801/EC of 22 October 1999 (OJ 1999 L 322, p. 18) —
the Court (Second Chamber), composed of: C.W.A. Timmer-
mans, President of the Chamber, C. Gulmann, J.-P. Puissochet,
J.N. Cunha Rodrigues and R. Schintgen (Rapporteur), Judges; D.
Ruiz-Jarabo Colomer, Advocate General; M. Múgica Arzamendi,
Principal Administrator, has given a judgment on 15 July
2004, the operative part of which is as follows:

1. Article 6(3) of the Protocol for the Protection of the Mediterranean
Sea against Pollution from Land-based Sources, signed in Athens
on 17 May 1980, approved by Council Decision 83/101/EEC of
28 February 1983 and, following its entry into force, Article 6(1)
of the Protocol as amended at the Conference of Plenipotentiaries
held in Syracuse on 7 and 8 March 1996, which amendments
were approved by Council Decision 1999/801/EC of 22 October
1999, have direct effect, so that any interested party is entitled to
rely on those provisions before the national courts.