CELEX: 62009CA0064
Language: en
Date: 2010-04-15 00:00:00
Title: Case C-64/09: Judgment of the Court (First Chamber) of 15 April 2010 — European Commission v French Republic (Failure of a Member State to fulfil obligations — Directive 2000/53/EC — Articles 5(3) and (4), 6(3) and 7(1) — Defective transposition)

5.6.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 148/9
            
         Judgment of the Court (First Chamber) of 15 April 2010 — European Commission v French Republic
   (Case C-64/09) (1)
   
   (Failure of a Member State to fulfil obligations - Directive 2000/53/EC - Articles 5(3) and (4), 6(3) and 7(1) - Defective transposition)
   2010/C 148/14
   Language of the case: French
   
      Parties
   
   
      Applicant: European Commission (represented by: P. Oliver and J.-B. Laignelot, Agents)
   
      Defendant: French Republic (represented by: G. de Bergues and A. Adam, Agents)
   
      Re:
   
   Failure of a Member State to fulfil obligations — Failure to adopt all the laws and regulations necessary to ensure the complete and correct implementation of Article 2(13), Article 4(2)(a), Article 5(3) and (4), Article 6(3), Article 7(1) and Article 8(3) of Directive 2000/53/EC of the European Parliament and of the Council of 18 September 2000 on end-of life vehicles (OJ 2000 L 269, p. 34) — Definitions of ‘dismantling information’ for out-of use vehicles and ‘stripping’ during their treatment — Obligation on vehicle manufacturers and component producers to provide dismantling information, in the form of manuals or by means of electronic media, for each type of new vehicle put on the market
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Declares that, by failing to adopt all the laws and regulations necessary to ensure the correct and complete transposition of Article 2.13, Article 4(2)(a), Article 5(3) and (4), in so far as, for the latter paragraph, demolishers which have accepted to take back an end-of-life vehicle for destruction are excluded from the system of compensation for costs of treatment, Article 7(1) and Article 8(3) of Directive 2000/53/EC of the European Parliament and of the Council of 18 September 2000 on end-of-life vehicles, the French Republic has failed to fulfil its obligations under that directive;
            
         
               2.
            
            
               Dismisses the action as to the remainder;
            
         
               3.
            
            
               Orders the European Commission and the French Republic to bear their own respective costs.
            
         
      (1)  OJ C 90, 18.4.2009.