Judgment of the Court (Fourth Chamber) of 28 October 2004 in Case C-497/03 Commission of the European Communities v Republic of Austria (Failure to fulfil obligations — Article 28 EC — Measures having equivalent effect — Sale of food supplements by mail order — Prohibition)
Date: 2005-01-08
Institutions: Court of Justice
Subjects: Austria, European Commission, action for failure to fulfil an obligation, distance selling, food supplement

8.1.2005

EN

Official Journal of the European Union

C 6/17

the laws,

1. Declares that, by failing to adopt

regulations and
administrative provisions necessary to comply with Directive
2001/14/EC of the European Parliament and of the Council of
26 February 2001 on the allocation of railway infrastructure
capacity and the levying of charges for the use of railway infra-
structure and safety certification, Ireland has failed to fulfil its obli-
gations under that directive;

2. Orders Ireland to pay the costs.

(1) OJ C 7 of 10.1.2004.

2. Orders the Republic of Austria to pay the costs.

(1) OJ C 21 of 24.1.2004.

JUDGMENT OF THE COURT

(Fourth Chamber)

of 28 October 2004

JUDGMENT OF THE COURT

in Case C-505/03 Commission of the European Commu-
nities v French Republic (1)

(Fourth Chamber)

of 28 October 2004

in Case C-497/03 Commission of the European Commu-
nities v Republic of Austria (1)

(Failure to fulfil obligations — Article 28 EC — Measures
having equivalent effect — Sale of food supplements by mail
order — Prohibition)

(2005/C 6/31)

(Language of the case: German)

In Case C-497/03 Commission of the European Communities
(Agents: J.C. Schieferer and B. Schima) v Republic of Austria
(Agent: E. Riedl) — action under Article 226 EC for failure to
fulfil obligations, brought on 24 November 2003 — the Court
(Fourth Chamber), composed of: K. Lenaerts, President of the
Chamber,
Ilešič (Rapporteur),
Judges; D. Ruiz-Jarabo Colomer, Advocate General; R. Grass,
Registrar, gave a judgment on 28 October 2004, in which it:

J.N. Cunha Rodrigues and M.

1. Declares

that, by prohibiting under Paragraph 50(2) of

the
Gewerbeordnung the sale of food supplements by mail order, the
Republic of Austria has failed to fulfil its obligations under Article
28 EC;

(Failure to fulfil obligations — Quality of water intended for
human consumption — Directive 80/778/EEC)

(2005/C 6/32)

(Language of the case: French)

In Case C-505/03 Commission of the European Communities
(Agents: G. Valero Jordana and F. Simonetti) v French Republic
(Agents: G. de Bergues and C. Mercier) – action under Article
226 EC for
failure to fulfil obligations, brought on 28
November 2003 – the Court (Fourth Chamber), composed of:
J.N. Cunha Rodrigues, acting for the President of the Fourth
Chamber, E.
Judges; M.
Poiares Maduro, Advocate General; R. Grass, Registrar, gave a
judgment on 28 October 2004, in which it:

Juhász (Rapporteur) and M.

Ilešič,

1. Declares that, by failing to comply with the requirements of
Council Directive 80/778/EEC of 15 July 1980 relating to the
quality of water intended for human consumption with regard to
the nitrate content of water intended for human consumption in
Brittany, the French Republic has failed to fulfil its obligations
under Article 7(6) and Annex I of that directive;

2. Orders the French Republic to pay the costs.

(1) OJ C 21 of 24.1.2004.