CELEX: C2002/261/20
Language: en
Date: 2002-10-26 00:00:00
Title: Case C-344/02: Action brought on 26 September 2002 by the Commission of the European Communities against the French Republic

C 261/12               EN                     Official Journal of the European Communities                                     26.10.2002
Action brought on 26 September 2002 by the Com-                          their transposition. That time-limit expired without the French
mission of the European Communities against the French                   Republic having brought into force the necessary provisions
                            Republic                                     in order to comply with the directive referred to in the
                                                                         Commission’s application.
                        (Case C-343/02)
                                                                         (1 ) OJ 2001 L 127, p. 38.
                                                                         (2 ) OJ 2001 L 127, p. 42.
                        (2002/C 261/19)
An action against the French Republic was brought before the             Action brought on 26 September 2002 by the Com-
Court of Justice of the European Communities on 26 Septem-               mission of the European Communities against the French
ber 2002 by the Commission of the European Communities,                                              Republic
represented by A. Bordes, acting as Agent, with an address for
service in Luxembourg.                                                                            (Case C-344/02)
                                                                                                  (2002/C 261/20)
The applicant claims that the Court should:
                                                                         An action against the French Republic was brought before the
—     Declare that, by failing to adopt and bring into force             Court of Justice of the European Communities on 26 Septem-
      within the prescribed period the laws, regulations or              ber 2002 by the Commission of the European Communities,
      administrative provisions necessary to comply:                     represented by A. Bordes, acting as Agent, with an address for
                                                                         service in Luxembourg.
      —     Commission Directive 2001/32/EC of 8 May 2001
            recognising protected zones exposed to particular            The applicant claims that the Court should:
            plant health risks in the Community and repealing
            Directive 92/76/EEC (1),                                     —     Declare that, by failing to adopt and bring into force
                                                                               within the prescribed period the laws, regulations or
      —     Commission Directive 2001/33/EC of 8 May 2001                      administrative provisions necessary to comply with
            amending certain annexes to Council Directive                      Directive 2000/16/EC of the European Parliament and
            2000/29/EC on protective measures against the                      the Council of 10 April 2000 amending Council Directive
            introduction into the Community of organisms                       79/373/EEC on the marketing of compound feedingstuffs
            harmful to plants or plant products and against their              and Council Directive 96/25/EC on the circulation of feed
            spread within the Community (2), and                               materials (1), the French Republic has failed to fulfil its
                                                                               obligations under that directive; and
      in any event, by failing to communicate them to the                —     Order the French Republic to pay the costs.
      Commission, the French Republic has failed to fulfil its
      obligations under those two directives;
                                                                         Pleas in law and main arguments
—     Order the French Republic to pay the costs.
                                                                         Under Article 249 of the EC Treaty, according to which a
                                                                         directive is to be binding, as to the result to be achieved, upon
                                                                         each Member State to which it is addressed, Member States are
Pleas in law and main arguments                                          required to observe the time-limits laid down in directives for
                                                                         their transposition. That time-limit expired on 3 May 2001
                                                                         without the French Republic having brought into force the
Under Article 249 of the EC Treaty, according to which a                 necessary provisions in order to comply with the directive
directive is to be binding, as to the result to be achieved, upon        referred to in the Commission’s application.
each Member State to which it is addressed, Member States are
required to observe the time-limits laid down in directives for          (1 ) OJ 2000 L 105, p. 36.