Judgment of the Court (Fifth Chamber) of 15 July 2004 in Case C-119/03: Commission of the European Communities v French Republic (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)
Date: 2004-09-11
Institutions: Court of Justice
Subjects: European Commission, France, action for failure to fulfil an obligation, economic relations, national implementing measure, public sector

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.