CELEX: C2004/201/09
Language: en
Date: 2004-08-07 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 22 June 2004 in Case C-439/02: Commission of the European Communities v French Republic (Failure of a Member State to fulfil its obligations — Maritime Transport — Directive 95/21/EC — Maritime safety — Port State control of vessels — Insufficient number of inspections)

7.8.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 201/5
            
         
      JUDGMENT OF THE COURT
   
   (Fifth Chamber)
   of 22 June 2004
   in Case C-439/02: Commission of the European Communities v French Republic (1)
   
   (Failure of a Member State to fulfil its obligations - Maritime Transport - Directive 95/21/EC - Maritime safety - Port State control of vessels - Insufficient number of inspections)
   (2004/C 201/09)
   Language of the case: French
   In Case C-439/02: Commission of the European Communities (Agents: K. Simonsson and W. Wils ) v French Republic (Agents: G. de Bergues and P. Boussaroque ) — application for a declaration that, by failing to carry out a total number of annual inspections corresponding to at least 25 % of the number of individual vessels which entered its ports in 1999 and 2000, the French Republic has failed to fulfil its obligations under Article 5(1) of Council Directive 95/21/EC of 19 June 1995 concerning the enforcement, in respect of shipping using Community ports and sailing in the waters under the jurisdiction of the Member States, of international standards for ship safety, pollution prevention and shipboard living and working conditions (port State control) (OJ 1995 L 157, p. 1), — the Court (Fifth Chamber), composed of: C. Gulmann, President of the Chamber, S. von Bahr and R. Silva de Lapuerta (Rapporteur), Judges; F.G. Jacobs, Advocate General; R. Grass, Registrar, has given a judgment on 22 June 2004, in which it:
   
               1.
            
            
               Declares that, by failing to carry out inspections of at least 25 % of the number of individual vessels which entered its ports in 1999 and 2000, the French Republic has failed to fulfil its obligations under Article 5(1) of Council Directive 95/21/EC of 19 June 1995 concerning the enforcement, in respect of shipping using Community ports and sailing in the waters under the jurisdiction of the Member States, of international standards for ship safety, pollution prevention and shipboard living and working conditions (port State control);
            
         
               2.
            
            
               Orders the French Republic to pay the costs.
            
         
      (1)  OJ C 19, 25.1.2003.