Judgment of the Court (Fourth Chamber) of 15 July 2004 in Case C-419/03: Commission of the European Communities against French Republic (Failure of a Member State to fulfil its obligations — Partial failure to transpose — Burden of proof — Directive 2001/18/EC)
Date: 2004-09-11
Institutions: Court of Justice
Subjects: European Commission, France, action for failure to fulfil an obligation, environmental protection, environmental risk prevention, genetically modified organism

11.9.2004

EN

Official Journal of the European Union

C 228/15

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Fifth Chamber)

of 15 July 2004

(Fourth Chamber)

of 15 July 2004

in Case C-407/03: Commission of the European Commu-
nities against Republic of Finland (1)

in Case C-419/03: Commission of the European Commu-
nities against French Republic (1)

(Failure of a Member State to fulfil its obligations — Conser-
vation of natural habitats — Wild fauna and flora)

(2004/C 228/28)

(Language of the case: Finnish)

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

In Case C-407/03: Commission of the European Communities
(Agents: M. van Beek and M. Huttunen) against Republic of
Finland (Agent: A. Guimares-Purokoski) — application for a
declaration that, by failing to provide a sufficient degree of
legal certainty in its national law relating to the obligation to
carry out for every project, including those subject to an envir-
onmental impact assessment, the appropriate assessment under
Article 6(3) of Council Directive 92/43/EEC of 21 May 1992
on the conservation of natural habitats and of wild fauna and
flora (OJ 1992 L 206, p. 7), the Republic of Finland has failed
to fulfil its obligations under that directive — the Court (Fifth
the
Chamber),
Chamber, S. von Bahr and R. Silva de Lapuerta (Rapporteur),
Judges; J. Kokott, Advocate General; R. Grass, Registrar, has
given a judgment on 15 July 2004, the operative part of which
is as follows:

composed of: C. Gulmann, President of

1. By failing to provide a sufficient degree of legal certainty in its
national law relating to the obligation to carry out an appropriate
assessment for every project, including those subject to an environ-
mental impact assessment, the Republic of Finland has failed to
fulfil
its obligations under Article 6(3) of Council Directive
92/43/EEC of 21 May 1992 on the conservation of natural
habitats and of wild fauna and flora;

(Failure of a Member State to fulfil its obligations — Partial
to transpose — Burden of proof — Directive
failure

2001/18/EC)

(2004/C 228/29)

(Language of the case: French)

In Case C-419/03: Commission of the European Communities
(Agents: U. Wölker and F. Simonetti) against French Republic
(Agents: G. de Bergues and D. Petrausch) — application for a
declaration that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Directive
2001/18/EC of the European Parliament and of the Council of
12 March 2001 on the deliberate release into the environment
of genetically modified organisms and repealing Council Direc-
tive 90/220/EEC (OJ 2001 L 106, p. 1) or, in any event, by
failing to inform the Commission thereof, the French Republic
has failed to fulfil its obligations under that directive — the
Court (Fourth Chamber), composed of: J.N. Cunha Rodrigues,
the Chamber, N. Colneric and K. Schiemann
President of
(Rapporteur), Judges; C. Stix-Hackl, Advocate General; R. Grass,
Registrar, has given a judgment on 15 July 2004, the operative
part of which is as follows:

1. By failing to adopt within the prescribed period the laws, regula-
tions and administrative provisions necessary to transpose into
national law the provisions of Directive 2001/18/EC of the Euro-
pean Parliament and of the Council of 12 March 2001 on the
deliberate release into the environment of genetically modified
organisms and repealing Council Directive 90/220/EEC which
differ from or go beyond those of Council Directive 90/220/EEC
of 23 April 1990 on the deliberate release into the environment
of genetically modified organisms, the French Republic has failed
to fulfil its obligations under Directive 2001/18.

2. The remainder of the action is dismissed.

2. The Republic of Finland is ordered to pay the costs.

3. Each party is to bear its own costs.

(1) OJ C 275 of 15.11. 2003.

(1) OJ C 275 of 15.11.2003.