Judgment of the Court (First Chamber) of 15 July 2004 in Case C-118/03: Commission of the European Communities against Federal Republic of Germany (Failure of a Member State to fulfil its obligations — Failure to transpose Directive 2000/37/EC)
Date: 2004-09-11
Institutions: Court of Justice
Subjects: European Commission, Germany, action for failure to fulfil an obligation, approximation of laws, national implementing measure, pharmaceutical legislation, veterinary drug

11.9.2004

EN

Official Journal of the European Union

C 228/11

the market

in dried fodder (OJ 1995 L 63, p. 1),

T. Pynnä) — application for a declaration that, by failing to
levy value added tax on aid paid under Council Regulation (EC)
No 603/95 of 21 February 1995 on the common organisation
the
of
Kingdom of Sweden has failed to fulfil its obligations under
Article 11 of Sixth Council Directive (77/388/1977) of 17 May
1977 on the harmonisation of the laws of the Member States
relating to turnover taxes — Common system of value added
tax: uniform basis of assessment (OJ 1977 L 145, p. 1) — the
Court (Second Chamber), composed of: C.W.A. Timmermans,
President of the Chamber, C. Gulmann (Rapporteur), J.-P. Puis-
sochet,
Judges; L.A.
Geelhoed, Advocate General; L. Hewlett, Principal Adminis-
trator, for the Registrar, has given a judgment on 15 July 2004,
in which it:

J.N. Cunha Rodrigues and N. Colneric,

Gulmann, J.N. Cunha Rodrigues, F. Macken and N. Colneric
(Rapporteur), Judges; M. Poiares Maduro, Advocate General; R.
Grass, Registrar, has given a judgment on 13 July 2004,
in
which it:

1. Declares that, by failing genuinely to cooperate with the Commis-
sion of the European Communities in a case concerning the health
and safety of workers in a waste water treatment plant situated in
the commune of Mandello del Lario in Lombardy (Italy), the
Italian Republic has failed to fulfil its obligations under Article
10 EC;

2. Orders the Italian Republic to pay the costs.

1. Dismisses the action;

(1) OJ C 101, 26.4.2003

2. Orders the Commission of the European Communities to pay the

costs;

3. Orders the Republic of Finland to bear its own costs.

JUDGMENT OF THE COURT

(1) OJ C 55 of 8.3.2003.

(First Chamber)

of 15 July 2004

JUDGMENT OF THE COURT

in Case C-118/03: Commission of the European Commu-
nities against Federal Republic of Germany (1)

(Second Chamber)

of 13 July 2004

(Failure of a Member State to fulfil its obligations — Failure
to transpose Directive 2000/37/EC)

in Case C-82/03: Commission of the European Commu-
nities v Italian Republic (1)

(Failure of a Member State to fulfil obligations — Article 10
EC — Cooperation with the Community institutions —
Failure to forward information to the Commission)

(2004/C 228/20)

(Language of the case: Italian)

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

In Case C-82/03: Commission of the European Communities
(Agent: A. Aresu) v Italian Republic (Agent:
I.M. Braguglia,
assisted by A. Cingolo and P. Gentili) — application for a
declaration that, by failing genuinely to cooperate with the
Commission in a case concerning the health and safety of
workers, the Italian Republic has failed to fulfil its obligations
under Article 10 EC — the Court (Second Chamber), composed
the Chamber, C.
of: C.W.A. Timmermans, President of

(2004/C 228/21)

(Language of the case: German)

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

In Case C-118/03: Commission of the European Communities
(Agents: U. Wölker and H. Støvlbæk) against Federal Republic
of Germany (Agent: A. Tiemann) — application for a declara-
tion that, by failing to adopt the laws, regulations and adminis-
trative provisions necessary to comply with Commission Direc-
tive 2000/37/EC of 5 June 2000 amending Chapter VIa ‘Phar-
macovigilance’ of Council Directive 81/851/EEC on the approx-
imation of the laws of the Member States relating to veterinary
medicinal products (OJ 2000 L 139, p. 25), 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 (Rappor-
J.N. Cunha Rodrigues, K.
teur), President of
Lenaerts, E. Juhász and M. Ilešič, Judges; A. Tizzano, Advocate
General; R. Grass, Registrar, has given a judgment on 15 July
2004, the operative part of which is as follows:

the Chamber,

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.