Judgment of the Court (Sixth Chamber) of 15 July 2004 in Case C-141/03: Commission of the European Communities against Kingdom of Sweden (Failure of a Member State to fulfil its obligations — Directive 2002/52/EC — Failure to transpose within the prescribed period)
Date: 2004-09-11
Institutions: Court of Justice
Subjects: EU Member State, European Commission, State aid, Sweden, access to information, action for failure to fulfil an obligation, economic relations, public sector, transparency in decision-making

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.