Judgment of the Court (Fourth Chamber) of 18 November 2004 in Case C-85/04: Commission of the European Communities v French Republic (Failure of a Member State to fulfil its obligations — Directive 2001/17/EC — Reorganisation and winding-up of insurance undertakings — Failure to transpose within the prescribed period)
Date: 2005-01-22
Institutions: Court of Justice
Subjects: European Commission, France, action for failure to fulfil an obligation, insurance company, liquidation

22.1.2005

EN

Official Journal of the European Union

C 19/7

2. Orders the Portuguese Republic to pay the costs.

(1) OJ C 71, 20.3.2004.

(1) Declares that, by failing to adopt

the laws, regulations and
administrative provisions necessary fully to comply with Council
Directive 89/654/EEC of 30 November 1989 concerning the
minimum safety and health requirements for the workplace (first
individual directive within the meaning of Article 16(1) of Direc-
tive 89/391/EEC), the Federal Republic of Germany has failed to
fulfil its obligations under that directive;

(2) Orders the Federal Republic of Germany to pay the costs.

(1) OJ C 59 of 6.3.2004.

JUDGMENT OF THE COURT

(Fourth Chamber)

of 18 November 2004

in Case C-85/04: Commission of the European Commu-
nities v French Republic (1)

(Failure of a Member State to fulfil its obligations — Direc-
tive 2001/17/EC — Reorganisation and winding-up of insur-
to transpose within the
ance undertakings — Failure

prescribed period)

(2005/C 19/13)

(Language of the case: French)

In Case C-85/04: action under Article 226 EC for failure to
fulfil obligations, brought on 23 February 2004, Commission
of
the European Communities (Agents: E. Traversa and P.
Léouffre) against French Republic (Agents: G. de Bergues and
O. Christmann) – the Court (Fourth Chamber), composed of:
the Fourth
J.N. Cunha Rodrigues, acting as President of
Chamber, M.
Judges;
L.A. Geelhoed, Advocate General; R. Grass, Registrar, has given
a judgment on 18 November 2004, in which it:

and E. Levits,

(Rapporteur)

Ilešič

the laws,

1. Declares that, by failing to adopt

regulations and
administrative provisions necessary to comply with Directive
2001/17/EC of the European Parliament and of the Council of
19 March 2001 on the reorganisation and winding-up of insur-
ance undertakings, the French Republic has failed to fulfil its obli-
gations under that directive;

2. Orders the French Republic to pay the costs.

(1) OJ C 84 of 3.4.2004.

JUDGMENT OF THE COURT

(Fourth Chamber)

of 2 December 2004

in Case C-48/04: Commission of the European Commu-
nities v Portuguese Republic (1)

(Failure to fulfil obligations — Directive 2000/76/EC —
Incineration of waste — Failure to transpose)

(2005/C 19/12)

(Language of the case: Portuguese)

In Case C-48/04: Commission of the European Communities
(Agents: A. Caeiros and M. Konstantinidis) v Portuguese
Republic (Agents: L. Fernandes and F. Andrade) – ACTION
under Article 226 EC for failure to fulfil obligations, brought
on 6 February 2004 – the Court (Fourth Chamber), composed
of: K. Lenaerts, President of Chamber, N. Colneric and E. Levits
(Rapporteur), Judges; F.G. Jacobs, Advocate General; R. Grass,
Registrar, gave a judgment on 2 December 2004, in which it:

1. Declares that, by failing to adopt
the laws,
regulations and
administrative measures necessary
to comply with Directive
2000/76/EC of the European Parliament and of the Council of 4
December 2000 on the incineration of waste,
the Portuguese
Republic has failed to fulfil its obligations under that directive, in
particular those under Article 21(1) thereof;