Case C-121/07: Judgment of the Court (Grand Chamber) of 9 December 2008 — Commission of the European Communities v French Republic (Failure of a Member State to fulfil obligations — Directive 2001/18/EC — Deliberate release into the environment and placing on the market of GMOs — Judgment of the Court establishing the failure of a Member State to fulfil its obligations — Non-compliance — Article 228 EC — Judgment complied with during the proceedings — Pecuniary penalties)
Date: 2008-12-09
Institutions: Court of Justice
Subjects: European Commission, France, action for failure to fulfil an obligation, environmental protection, fine, genetically modified organism, national implementing measure, periodic penalty payment

C 44/8

EN

Official Journal of the European Union

21.2.2009

3. Orders the French Republic to bear its own costs.

(1) OJ C 95, 28.4.2007.

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, which
diverge from or go beyond the provisions of Council Directive
90/220/EEC of 23 April 1990 on the deliberate release into the
environment of genetically modified organisms, the French Republic
has failed to fulfil its obligations under Article 228(1) EC;

Judgment of the Court (Grand Chamber) of 9 December
the European Communities v
2008 — Commission of

French Republic

(Case C-121/07) (1)

(Failure of a Member State to fulfil obligations — Directive
2001/18/EC — Deliberate release into the environment and
placing on the market of GMOs — Judgment of the Court
establishing the failure of a Member State to fulfil its obliga-
tions — Non-compliance — Article 228 EC — Judgment
complied with during the proceedings — Pecuniary penalties)

(2009/C 44/12)

Language of the case: French

Parties

Applicant: Commission of the European Communities (repre-
sented by: B. Stromsky and C. Zadra, acting as Agents)

2. Orders the French Republic to pay to the Commission of

the
‘European Community own

European Communities,
resources’ account, a lump sum of EUR 10 million;

into the

3. Orders the French Republic to pay the costs;

4. Orders the Czech Republic to bear its own costs.

(1) OJ C 95, 28.4.2007.

Judgment of the Court (Grand Chamber) of 16 December
2008 (reference for a preliminary ruling from the Conseil
d'État — France) — Société Arcelor Atlantique et Lorraine,
Sollac Méditerrannée,
Packaging
International, Société Ugine & Alz France, Société
Industeel Loire, Société Creusot Métal, Société Imphy
Alloys, Arcelor SA v Premier ministre, Ministre de
l'Écologie et du Développement durable, Ministre de
l'Économie, des Finances et de l'Industrie

Arcelor

Société

Defendant: French Republic (represented by: E. Belliard, S. Gasri
and G. de Bergues, acting as Agents)

(Case C-127/07) (1)

Intervener in support of the defendant: Czech Republic (represented
by: initially, T. Boček and, subsequently, M. Smolek, acting as
Agents)

Re:

Failure of a Member State to fulfil its obligations — Failure to
comply with the judgment of the Court of 15 July 2004 in Case
C-419/03 concerning the failure to transpose the provisions of
Directive 2001/18/EC Directive 2001/18/EC of the European
Parliament and of the Council of 12 March 2001 on the delib-
erate release into the environment of genetically modified organ-
isms and repealing Council Directive 90/220/EEC on the delib-
erate release into the environment of genetically modified organ-
isms (OJ 2001 L 106, p. 1), which diverge from or go beyond
the provisions of that directive — Application for the imposi-
tion of a penalty payment and a lump sum payment

Operative part of the judgment

The Court:

1. Declares that, by failing to take, by the date on which the deadline
imposed in the reasoned opinion expired, all the measures necessary
to comply with the judgment of 15 July 2004 in Case C-419/03
failure to transpose into
Commission v France concerning its
the
national

law the provisions of Directive 2001/18/EC of

(Environment — Integrated pollution prevention and control
— Greenhouse gas emission allowance trading scheme —
Directive 2003/87/EC — Scope — Installations in the steel
sector
chemical and
non-ferrous metal sectors excluded — Principle of equal
treatment)

included — Installations

in the

(2009/C 44/13)

Language of the case: French

Referring court

Conseil d'État

Parties to the main proceedings

Applicants: Société Arcelor Atlantique et Lorraine, Sollac Méditer-
rannée, Société Arcelor Packaging International, Société Ugine &
Alz France, Société Industeel Loire, Société Creusot Métal,
Société Imphy Alloys, Arcelor SA

Defendants: Premier ministre, Ministre de l'Écologie et du Dével-
oppement durable, Ministre de l'Économie, des Finances et de
l'Industrie