Judgment of the Court (Sixth Chamber) of 8 September 2005 in Case C-57/05: Commission of the European Communities v French Republic (Failure of a Member State to fulfil obligations — Directive 2002/46/EC — Harmonisation of the laws of the Member States in respect of food supplements — Failure to implement within the prescribed time-limit)
Date: 2005-10-29
Institutions: Court of Justice
Subjects: European Commission, France, action for failure to fulfil an obligation, consumer protection, food supplement, foodstuff, human nutrition, labelling, marketing

29.10.2005

EN

Official Journal of the European Union

C 271/11

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Fifth Chamber)

of 14 July 2005

(Sixth Chamber)

of 8 September 2005

in Case C-31/05: Commission of the European Commu-
nities v French Republic (1)

(Failure of a Member State to fulfil obligations — Directives
2002/19/EC, 2002/20/EC and 2002/21/EC — Networks and
services — Electronic communications — Common regulatory
framework — Failure to transpose within the prescribed
period)

in Case C-57/05: Commission of the European Commu-
nities v French Republic (1)

(Failure of a Member State to fulfil obligations — Directive
2002/46/EC — Harmonisation of the laws of the Member
States in respect of food supplements — Failure to implement
within the prescribed time-limit)

(2005/C 271/20)

(Language of the case: French)

(2005/C 271/21)

(Language of the case: French)

In Case C-31/05 Commission of the European Communities
(Agent: M. Shotter) v French Republic (Agents: G. de Bergues
and S. Ramet) — action under Article 226 EC for failure to
fulfil obligations, brought on 28 January 2005 — the Court
(Fifth Chamber), composed of R. Silva de Lapuerta, President of
the Chamber, P. Kűris (Rapporteur) and G. Arestis, Judges; A.
Tizzano, Advocate General; R. Grass, Registrar, gave a judg-
ment on 14 July 2005, in which it:

1. Declares that, by not adopting the laws, regulations and adminis-
trative provisions required by Directive 2002/19/EC of the Euro-
pean Parliament and of the Council of 7 March 2002 on access
to, and interconnection of, electronic communications networks
and associated facilities (Access Directive), Directive 2002/20/EC
of the European Parliament and of the Council of 7 March 2002
on the authorisation of electronic communications networks and
services (Authorisation Directive) and Directive 2002/21/EC of
the European Parliament and of the Council of 7 March 2002 on
a common regulatory framework for electronic communications
networks and services (Framework Directive), the French Republic
has failed to fulfil its obligations under those directives;

In Case C-57/05 Commission of the European Communities
(Agent: J.-P. Keppene) v French Republic (Agent: G. de Bergues,
E. Belliard and R. Loosli-Surrans) — action for failure to fulfil
obligations under Article 226 EC, brought on 9 February 2005
— the Court (Sixth Chamber), composed of A. Borg Barthet,
President of the Chamber, S. von Bahr and A. Ó Caoimh
Judges; L.A. Geelhoed, Advocate General; R.
(Rapporteur),
Grass, Registrar, gave a judgment on 8 September 2005,
in
which it:

the laws,

1. Declares that, By failing to adopt

regulations and
administrative provisions necessary to comply with Directive
2002/46/EC of the European Parliament and of the Council of
10 June 2002 on the approximation of the laws of the Member
States relating to food supplements, the French Republic has failed
to fulfil its obligations under that directive;

2. Orders the French Republic to pay the costs.

2. Orders the French Republic to pay the costs.

(1) OJ C 82 of 2.4.2005.

(1) OJ C 82 of 02.04.2005.