Judgment of the Court (Grand Chamber) of 12 July 2005 in Case C-304/02: Commission of the European Communities v French Republic (Failure of a Member State to fulfil obligations — Fisheries — Control obligations placed on the Member States — Judgment of the Court establishing a breach of obligations — Non-compliance — Article 228 EC — Payment of a lump sum — Imposition of a penalty payment)
Date: 2005-09-03
Institutions: Court of Justice
Subjects: France, action for failure to fulfil an obligation, conservation of fish stocks, fishing controls, fishing regulations, technical regulations

3.9.2005

EN

Official Journal of the European Union

C 217/3

4. Orders Compañía española para la fabricación de aceros inoxid-
ables SA (Acerinox) to pay the costs of the present proceedings.
The costs of the proceedings at first instance leading to the judg-
ment of the Court of First Instance referred to in paragraph 1 of
the operative part of this judgment shall be borne in the manner
set out in paragraph 3 of the operative part of that judgment.

2. Orders ThyssenKrupp Stainless GmbH, ThyssenKrupp Acciai
speciali Terni SpA and the Commission of the European Commu-
nities to bear their own costs.

(1) OJ C 109 of 04.05.2002.

(1) OJ C 109 of 04.05.2002.

JUDGMENT OF THE COURT

(First Chamber)

of 14 July 2005

in Joined Cases C-65/02 P and C-73/02 P: ThyssenKrupp
Stainless GmbH and Others v Commission of the Euro-
pean Communities (1)

(Appeals — ECSC Treaty — Agreements, decisions and
concerted practices — Alloy surcharge — Reduction of the
fine — Cooperation in the administrative procedure — Attri-
butability of the infringement — Rights of the defence)

JUDGMENT OF THE COURT

(Grand Chamber)

of 12 July 2005

in Case C-304/02: Commission of the European Commu-
nities v French Republic (1)

(Failure of a Member State to fulfil obligations — Fisheries
— Control obligations placed on the Member States — Judg-
ment of the Court establishing a breach of obligations —
Non-compliance — Article 228 EC — Payment of a lump
sum — Imposition of a penalty payment)

(2005/C 217/06)

(2005/C 217/05)

(Language of the case: French)

(Languages of the case: German and Italian)

In Joined Cases C-65/02 P and C-73/02 P: two appeals under
Article 49 of the ECSC Statute of the Court of Justice, brought
on 28 February 2002 by ThyssenKrupp Stainless GmbH,
formerly Krupp Thyssen Stainless GmbH (Lawyer: M. Klus-
speciali Terni SpA,
mann), and by ThyssenKrupp Acciai
formerly Acciai speciali Terni SpA (Lawyers: A. Giardina and
G. Di Tommaso), the other party to the proceedings being:
Commission of
(Agents: A.
Whelan, assisted by H.-J. Freund, and A. Whelan and V. Superti,
(First Chamber),
assisted by A. Dal Ferro) — the Court
composed of P. Jann, President of the Chamber, A. Rosas, R.
Silva de Lapuerta, K. Lenaerts and S. von Bahr (Rapporteur),
Judges; P. Léger, Advocate General; R. Grass, Registrar, gave a
judgment on 14 July 2005, in which it:

the European Communities

In Case C-304/02, Commission of the European Commu-
nities (Agents: M. Nolin, H. van Lier and T. van Rijn) v French
Republic (Agents: G. de Bergues and A. Colomb), action under
Article 228 EC for failure to fulfil obligations brought on 27
August 2002, the Court (Grand Chamber), composed of V.
Skouris, President, P. Jann (Rapporteur) and C.W.A. Timmer-
mans, Presidents of Chambers, C.Gulmann, J.P. Puissochet, R.
Schintgen, N. Colneric, S. von Bahr and J.N. Cunha Rodrigues,
Judges; L.A. Geelhoed, Advocate General; M. Múgica Arza-
mendi, Principal Administrator, subsequently M.F. Contet, Prin-
cipal Administrator, and H. von Holstein, Deputy Registrar, for
the Registrar, gave a judgment on 12 July 2005, in which it:

1. Declares that:

1. Dismisses the appeals and the cross-appeal;

— by failing to carry out controls of fishing activities in accord-
ance with the requirements laid down by the Community
provisions, and

C 217/4

EN

Official Journal of the European Union

3.9.2005

— by failing to ensure that action is taken in respect of infringe-
ments of the rules governing fishing activities in accordance
with the requirements laid down by the Community provi-
sions,

Chamber, J.-P. Puissochet, S. von Bahr (Rapporteur), J. Male-
novský and U. Lõhmus, Judges; F.G. Jacobs, Advocate General,
M. Múgica Arzamendi, Principal Administrator, for the Regis-
trar, gave a judgment on 2 June 2005, the operative part of
which is as follows:

the French Republic has not
the necessary
measures to comply with the judgment of 11 June 1991 in Case
C-64/88 Commission v France and has accordingly failed to fulfil
its obligations under Article 228 EC;

implemented all

2. Orders the French Republic to pay to the Commission of the Euro-
pean Communities, into the account ‘European Community own
resources’, a penalty payment of EUR 57 761 250 for each
period of six months from delivery of the present judgment at the
end of which the judgment
in Case C-64/88 Commission v
France has not yet been fully complied with;

A body governed by public law which purchases capital goods as a
public authority within the meaning of
the first subparagraph of
Article 4(5) of Sixth Council Directive 77/388/EEC 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, that is to say as a non-taxable person, and subse-
quently sells those goods as a taxable person, is not entitled, in respect
of that sale, to a right of adjustment based on Article 20 of that
directive in order to deduct the VAT paid on the purchase of those
goods.

3. Orders the French Republic to pay to the Commission of the Euro-
pean Communities, into the account ‘European Community own
resources’, a lump sum of EUR 20 000 000;

(1) OJ C 7 of 11.01.2003.

4. Orders the French Republic to pay the costs.

(1) OJ C 247 of 12.10.2002.

JUDGMENT OF THE COURT

(Second Chamber)

of 7 July 2005

JUDGMENT OF THE COURT

(Third Chamber)

of 2 June 2005

in Case C-378/02: Reference for a preliminary ruling from
the Hoge Raad in Waterschap Zeeuws Vlaanderen v
Staatssecretaris van Financiën (1)

(VAT — Capital goods acquired by a body governed by
public law — Public authority — Transaction engaged in as
taxable person and transaction engaged in as non-taxable
person — Right to adjustment and deduction)

(2005/C 217/07)

(Language of the case: Dutch)

In Case C-378/02: reference for a preliminary ruling under
Article 234 EC from the Hoge Raad (Netherlands), made by
the Court on
decision of 18 October 2002,
received at
21 October 2002,
in the proceedings between Waterschap
Zeeuws Vlaanderen and Staatssecretaris van Financiën — the
Court (Third Chamber) composed of A. Rosas, President of the

in Case C-418/02: Reference for a preliminary ruling from
the Bundespatentgericht in Praktiker Bau- und Heimwer-
kermärkte AG (1)

(Trade marks — Directive 89/104/EEC — Trade marks in
respect of services — Registration — Services provided in
connection with retail trade — Specification of content of
services — Similarity between the services in question and
goods or other services)

(2005/C 217/08)

(Language of the case: German)

In Case C-418/02: reference for a preliminary ruling under
Article 234 EC from the Bundespatentgericht (Germany), made
by decision of 15 October 2002, received at the Court on 20
November 2002, in the proceedings concerning Praktiker Bau-
und Heimwerkermärkte AG — the Court (Second Chamber),
composed of C.W.A. Timmermans, President of the Chamber,
C. Gulmann (Rapporteur), R. Schintgen, N. Colneric and J.N.
Cunha Rodrigues,
Judges; P. Léger, Advocate General; M.
Múgica Arzamendi, Principal Administrator, for the Registrar,
gave a judgment on 7 July 2005, in which it ruled: