Judgment of the Court (Fourth Chamber) of 15 July 2004 in Case C-420/03: Commission of the European Communities against Federal Republic of Germany (Failure of a Member State to fulfil its obligations — Failure to transpose — Directive 2001/18/EC)
Date: 2004-09-11
Institutions: Court of Justice
Subjects: European Commission, Germany, action for failure to fulfil an obligation, environmental protection, environmental risk prevention, genetically modified organism

C 228/16

EN

Official Journal of the European Union

11.9.2004

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Fourth Chamber)

of 15 July 2004

(Full Court)

of 13 July 2004

in Case C-420/03: Commission of the European Commu-
nities against Federal Republic of Germany (1)

(Failure of a Member State to fulfil its obligations — Failure
to transpose — Directive 2001/18/EC)

(2004/C 228/30)

(Language of the case: German)

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

In Case C-420/03 — Commission of the European Commu-
nities (Agent: U. Wölker) against Federal Republic of Germany
(Agents: W.-D. Plessing and M. Lumma) — application for a
declaration that by failing to bring into force the laws, regula-
tions and administrative provisions necessary to implement
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 Directive 90/220/EEC (OJ 2001 L 106, p. 1) or, in any
event, by failing to inform the Commission thereof, the Federal
Republic of Germany has failed to fulfil its obligations under
that directive — the Court (Fourth Chamber), composed of: J.N.
Cunha Rodrigues, President of the Chamber, K. Lenaerts and K.
Schiemann (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 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 Directive 90/220/EEC, 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 275 of 15.11.2003.

in Case C-27/04: Commission of the European Commu-
nities v Council of the European Union (1)

(Action for annulment — Article 104 EC — Regulation (EC)
No 1467/97 — Stability and Growth Pact — Excessive
government deficits — Council decisions under Article
104(8) and (9) EC — Required majority not achieved —
Decisions not adopted — Action challenging ‘decisions not to
adopt the formal instruments contained in the Commission's
recommendations’ — Inadmissible — Action challenging
‘Council conclusions’)

(2004/C 228/31)

(Language of the case: French)

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

In Case C-27/04: Commission of the European Communities
(Agents: M. Petite, A. van Solinge and P. Aalto) v Council of
the European Union (Agents:
J.-C. Piris, T. Middleton and
J. Monteiro) — application for annulment of Council measures
of 25 November 2003, namely:

— decisions not to adopt, in respect of the French Republic
and the Federal Republic of Germany, the formal instru-
ments
recommendations
Commission
pursuant to Article 104(8) and (9) EC;

contained

in

— conclusions adopted in respect of each of

those two
Member States, entitled ‘Council conclusions on assessing
the actions taken by [the French Republic and the Federal
Republic of Germany respectively] in response to recom-
mendations of the Council according to Article 104(7) of
the Treaty establishing the European Community and
considering further measures for deficit reduction in order
in so far as
to remedy the situation of excessive deficit’,
those conclusions involve holding the excessive deficit
procedure in abeyance, recourse to an instrument not envi-
saged by the Treaty and modification of the recommenda-
tions decided on by the Council under Article 104(7) EC,

the Court (Full Court), composed of: V. Skouris, President, P.
Jann, C.W.A. Timmermans, A. Rosas, C. Gulmann (Rapporteur),
J.-P. Puissochet and J.N. Cunha Rodrigues, Presidents of Cham-
bers, R. Schintgen, F. Macken, N. Colneric, S. von Bahr, R. Silva
de Lapuerta and K. Lenaerts,
Judges; A. Tizzano, Advocate
General; M.-F. Contet, Principal Administrator, for the Regis-
trar, has given a judgment on 13 July 2004, in which it: