CELEX: C2001/173/34
Language: en
Date: 2001-06-16 00:00:00
Title: Judgment of the Court (Third Chamber) of 15 March 2001 in Case C-83/00: Commission of the European Communities v Kingdom of the Netherlands (Failure by a Member State to fulfil its obligations — Failure to transpose Directive 97/24/EC — Components and characteristics of two or three-wheel motor vehicles)

C 173/20              EN                      Official Journal of the European Communities                                          16.6.2001
(Agents: K. Rispal-Bellanger and S. Seam) — application for a                              JUDGMENT OF THE COURT
declaration that:
                                                                                                   (Third Chamber)
—    by retaining and applying rules providing for the appli-
     cation of a formula for calculating the engine rating for                                    of 15 March 2001
     administrative purposes which is unfavourable to vehicles
     fitted with a six-speed manual gearbox or five-speed
     automatic transmission, which has discriminatory or                 in Case C-83/00: Commission of the European Communi-
     protectionist effects in the case of vehicles manufactured                       ties v Kingdom of the Netherlands (1)
     in other Member States compared with similar or compet-
     ing domestic vehicles, and
                                                                         (Failure by a Member State to fulfil its obligations —
                                                                         Failure to transpose Directive 97/24/EC — Components and
                                                                              characteristics of two or three-wheel motor vehicles)
—    by retaining provisions limiting the K factor for the
     purposes of calculating the engine rating for tax purposes                                     (2001/C 173/34)
     of vehicles approved on an individual basis between
     1 January 1978 and 12 January 1988 and which are
     regarded as equivalent to type-approved vehicles having
     an actual power output in excess of 100 kW,                                              (Language of the case: Dutch)
                                                                         (Provisional translation; the definitive translation will be published
the French Republic has failed to fulfil its obligations under                               in the European Court Reports)
Article 95 of the EC Treaty (now, after amendment, Article 90
EC) — the Court (Fifth Chamber), composed of: A. La
Pergola, President of the Chamber, M. Wathelet (Rapporteur),             In Case C-83/00: Commission of the European Communities
D.A.O. Edward, P. Jann and L. Sevón, Judges; S. Alber,                  (Agent: C. van der Hauwaert) v Kingdom of the Netherlands
Advocate General; L. Hewlett, Administrator, for the Registrar,          (Agents: M.A. Fierstra and J. van Bakel) application for a
has given a judgment on 15 March 2001, in which it:                      declaration that, by failing within the prescribed period to
                                                                         adopt the laws, regulations and administrative measures
                                                                         necessary in order to comply with Directive 97/24/EC of the
                                                                         European Parliament and of the Council of 17 June 1997 on
1.   Declares that by retaining and applying rules providing for the     certain components and characteristics of two or three-wheel
     application of a formula for calculating the engine rating for      motor vehicles (OJ 1997 L 226, p. 1), the Kingdom of the
     administrative purposes which is unfavourable to vehicles fitted    Netherlands has failed to comply with its obligations under
     with a six-speed manual gearbox or five-speed automatic             the EC Treaty — the Court (Third Chamber), composed of:
     transmission, which has discriminatory or protectionist effects     C. Gulmann, President of the Chamber, F. Macken and
     in the case of vehicles manufactured in other Member States         J.N. Cunha Rodrigues (Rapporteur), Judges; S. Alber, Advocate
     compared with similar or competing domestic vehicles, the           General; R. Grass, Registrar, has given a judgment on 15 March
     French Republic has failed to fulfil its obligations under the      2001, in which it:
     first paragraph of Article 95 of the EC Treaty (now, after
     amendment, the first paragraph of Article 90 EC);
                                                                         1.    Declares that, by failing within the prescribed period to adopt
                                                                               the laws, regulations and administrative measures necessary in
                                                                               order to comply with Directive 97/24/EC of the European
2.   Orders the French Republic to pay the costs.                              Parliament and of the Council of 17 June 1997 on certain
                                                                               components and characteristics of two or three-wheel motor
                                                                               vehicles, the Kingdom of the Netherlands has failed to comply
                                                                               with its obligations under the EC Treaty;
                                                                         2.    Orders the Kingdom of the Netherlands to pay the costs.
(1) OJ C 281 of 2.10.1999.
                                                                         (1) OJ C 176 of 24.6.2000.