CELEX: C2004/217/11
Language: en
Date: 2004-08-28 00:00:00
Title: Judgment of the Court (Second Chamber) of 8 July 2004 in Case C-166/03: Commission of the European Communities v French Republic (Failure of a Member State to fulfil its obligations — Article 28 EC — Marketing of articles made of precious metals — ‘Gold’ and ‘gold alloy’)

28.8.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 217/6
            
         
      JUDGMENT OF THE COURT
   
   (Second Chamber)
   of 8 July 2004
   in Case C-166/03: Commission of the European Communities v French Republic (1)
   
   (Failure of a Member State to fulfil its obligations - Article 28 EC - Marketing of articles made of precious metals - ‘Gold’ and ‘gold alloy’)
   (2004/C 217/11)
   Language of the case: French
   In Case C-166/03: Commission of the European Communities (Agent: B. Stromsky) v French Republic (Agents: G. de Bergues and F. Million ) — application for a declaration that, by reserving the term ‘gold’ for articles of a fineness of 750 parts per thousand, whilst those of a fineness of 375 or 585 parts per thousand are described as ‘gold alloy’, the French Republic has failed to fulfil its obligations under Article 28 EC — the Court (Second Chamber), composed of: C.W.A. Timmermans, President of the Chamber, J.-P. Puissochet, J.N. Cunha Rodrigues (Rapporteur), R. Schintgen and N. Colneric, Judges; F.G. Jacobs, Advocate General; R. Grass, Registrar, has given a judgment on 8 July 2004, in which it:
   
               1.
            
            
               Declares that, by reserving the term ‘gold’ for articles of a fineness of 750 parts per thousand, whilst those of a fineness of 375 or 585 parts per thousand are termed ‘gold alloy’, the French Republic has failed to fulfil its obligations under Article 28 EC;
            
         
               2.
            
            
               Orders the French Republic to pay the costs.
            
         
      (1)  OJ C 135 of 7.6.2003.