CELEX: C2000/335/37
Language: en
Date: 2000-11-25 00:00:00
Title: Judgment of the Court of 5 October 2000 in Case C-16/98: Commission of the European Communities v French Republic (Failure of a Member State to fulfil its obligations — Directive 93/38/EEC — Public works contracts in the water, energy, transport and telecommunications sectors — Electrification and street lighting works in the département of the Vendée — Definition of work)

C 335/20                 EN                     Official Journal of the European Communities                                         25.11.2000
Articles 3(c) and (g) of the EC Treaty (now, after amendment, Article                        JUDGMENT OF THE COURT
3(c) and (g) EC), 3a and 5 of the EC Treaty (now Articles 4 EC and
10 EC), the second paragraph of Article 7a of the EC Treaty (now,
after amendment, the second paragraph of Article 14 EC) and                                         of 5 October 2000
Articles 102a and 103 of the EC Treaty (now Articles 98 EC and
99 EC) do not preclude the application of national legislation
requiring publishers to impose on booksellers fixed prices for the         in Case C-16/98: Commission of the European Communi-
resale of books.                                                                                ties v French Republic (1)
(1) OJ C 71 of 13.3.1999.                                                  (Failure of a Member State to fulfil its obligations —
                                                                           Directive 93/38/EEC — Public works contracts in the
                                                                           water, energy, transport and telecommunications sectors —
                                                                           Electrification and street lighting works in the département
                                                                                         of the Vendée — Definition of work)
                                                                                                      (2000/C 335/37)
                 JUDGMENT OF THE COURT
                           (Fifth Chamber)
                                                                                                (Language of the case: French)
                         of 5 October 2000
in Case C-288/96: Federal Republic of Germany v Com-                       (Provisional translation; the definitive translation will be published
           mission of the European Communities (1)                                             in the European Court Reports)
(State aid — Operating aid — Guidelines in the fisheries                   In Case C-16/98: Commission of the European Communities
sector — Article 92(1) and (3)(c) of the EC Treaty (now,                   (Agents: H. van Lier and O. Couvert-Castéra) v French Republic
after amendment, Article 87(1) and (3)(c) EC) — Rights of                  (Agents: K. Rispal-Bellanger and P. Lalliot) — application for a
              the defence — Statement of reasons)                          declaration that, in the course of the procurement procedure
                                                                           initiated by the Syndicat Départemental d’Electrification de la
                           (2000/C 335/36)                                 Vendée in December 1994 for the award of a contract for
                                                                           electrification and street lighting work, the French Republic
                                                                           failed to fulfil its obligations under Articles 4(2), 14(1), (10)
                   (Language of the case: German)                          and (13), together with Articles 21, 24 and 25 of Council
                                                                           Directive 93/38/EEC of 14 June 1993 coordinating the pro-
                                                                           curement procedures of entities operating in the water, energy,
(Provisional translation; the definitive translation will be published     transport and telecommunications sectors (OJ 1993 L 199,
                    in the European Court Reports)                         p. 84) — the Court, composed of: G.C. Rodrı́guez Iglesias,
                                                                           President, J.C. Moitinho de Almeida, L. Sevón and R. Schintgen
                                                                           (Presidents of Chambers), P.J.G. Kapteyn, C. Gulmann,
In Case C-288/96: Federal Republic of Germany (Agent:                      J.-P. Puissochet, M. Wathelet and V. Skouris (Rapporteur),
B. Kloke with M. Schütte) v Commission of the European                     Judges; F.G. Jacobs, Advocate General; D. Louterman-Hubeau,
Communities (Agent: P.F. Nemitz with R.M. Bierwagen) —                     Principal Administrator, for the Registrar, has given a judgment
application for the annulment of Commission Decision                       on 5 October 2000, in which it:
96/563/EC of 29 May 1996 on aid from the Land of Lower
Saxony to the company JAKO Jadekost GmbH & Co. KG (OJ
1996 L 246, p. 43) — the Court (Fifth Chamber), composed                   1.    Declares that in so far as the French entities responsible for the
of: D.A.O. Edward (Rapporteur), President of the Chamber,                        tendering procedure for electrification contracts held in Vendée
J.C. Moitinho de Almeida, L. Sevón, J.-P. Puissochet and                        in December 1994
M. Wathelet, Judges; G. Cosmas, Advocate General; H.A. Rühl,
Principal Administrator, for the Registrar, has given a judgment                 —     split the work,
on 5 October 2000, in which it:
1.    Dismisses the application;                                                 —     did not publish in the Official Journal of the European
                                                                                       Communities a call for competition for all the contracts
2.    Orders the Federal Republic of Germany to pay the costs.                         comprised in that work above the threshold laid down in
                                                                                       Article 14(10), second subparagraph, last sentence,
                                                                                       of Council Directive 93/38/EEC of 14 June 1993
(1) OJ C 354 of 23.11.1996.                                                            coordinating the procurement procedures of entities
                                                                                       operating in the water, energy, transport and telecom-
                                                                                       munications sectors but confined themselves to doing so
                                                                                       for six of them only,
 ---pagebreak--- 25.11.2000               EN                      Official Journal of the European Communities                                           C 335/21
      —     did not communicate all the information required by             M. Wathelet and V. Skouris (Rapporteur), Judges; F.G. Jacobs,
            Annex XII to Directive 93/38 as regards the six calls for       Advocate General; D. Louterman-Hubeau, Principal Adminis-
            competition published in the Official Journal of the            trator, for the Registrar, has given a judgment on 5 October
            European Communities,                                           2000, in which it:
      —     did not communicate to the Commission the information           1.     Dismisses the application;
            required regarding the award of all the contracts comprised
            in that work above the threshold laid down in Article           2.     Orders the Commission of the European Communities to pay
            14(10), second subparagraph, last sentence, of Directive               the costs.
            93/38,
      the French Republic has failed to fulfil its obligations under        (1) OJ C 340 of 7.11.1998.
      Articles 4(2) and 14(1), (10) and (13) together with Articles
      21(1) and (5), 24(1) and (2) and 25(5) of that directive;
2.    Dismisses the remainder of the application;
3.    Orders the Commission of the European Communities and the
      French Republic to bear their own costs.
                                                                                              JUDGMENT OF THE COURT
(1) OJ C 94 of 28.3.1998.
                                                                                                     of 5 October 2000
                                                                            in Case C-376/98: Federal Republic of Germany v Euro-
                                                                              pean Parliament and Council of the European Union (1)
                                                                            (Directive 98/43/EC — Advertising and sponsorship of
                 JUDGMENT OF THE COURT                                      tobacco products — Legal basis — Article 100a of the EC
                                                                                     Treaty (now, after amendment, Article 95 EC))
                          of 5 October 2000
                                                                                                       (2000/C 335/39)
in Case C-337/98: Commission of the European Communi-
                      ties v French Republic (1)
                                                                                               (Language of the case: German)
(Failure to fulfil obligations — Public procurement contracts
in the transport sector — Directive 93/38/EEC — Applica-
bility ratione temporis — Rennes urban district light railway               (Provisional translation; the definitive translation will be published
project — Contract awarded by negotiated procedure without                                      in the European Court Reports)
                   a prior call for competition)
                                                                            In Case C-376/98: Federal Republic of Germany (Agents:
                           (2000/C 335/38)                                  C.-D. Quassowski assisted by J. Sedemund) v European Parlia-
                                                                            ment (Agents: C. Pennera and N. Lorenz) and Council of the
                                                                            European Union (Agents: R. Gosalbo Bono, A. Feeney and
                     (Language of the case: French)                         S. Marquardt) supported by French Republic (Agents: initially
                                                                            J.-F. Dobelle and R. Loosli-Surrans, and then K. Rispal-Bellanger
                                                                            and R. Loosli-Surrans) and by Republic of Finland, (Agents:
(Provisional translation; the definitive translation will be published      H. Rotkirch and T. Pynnä) and by United Kingdom of Great
                    in the European Court Reports)                          Britain and Northern Ireland (Agents: M. Ewing and N. Paines)
                                                                            and by Commission of the European Communities (Agents:
In Case C-337/98: Commission of the European Communities                    I. Martı́nez del Peral and U. Wölker) — application for the
(Agent: M. Nolin) v French Republic (Agents: K. Rispal-                     annulment of Directive 98/43/EC of the European Parliament
Bellanger and A. Viéville-Bréville ) — application for a                    and of the Council of 6 July 1998 on the approximation of
declaration that, by its decision of 22 November 1996 to                    the laws, regulations and administrative provisions of the
award the turnkey contract for the Rennes urban district light              Member States relating to the advertising and sponsorship of
railway project to Matra-Transport, the French Republic has                 tobacco products (OJ 1998 L 213, p. 9) — the Court,
failed to fulfil its obligations under Council Directive                    composed of: G.C. Rodrı́guez Iglesias, President, J.C. Moitinho
93/38/EEC of 14 June 1993 coordinating the procurement                      de Almeida (Rapporteur), D.A.O. Edward, L. Sevón and
procedures of entities operating in the water, energy, transport            R. Schintgen (Presidents of Chambers), P.J.G. Kapteyn,
and telecommunications sectors (OJ 1993 L 199, p. 84), and                  C. Gulmann, A. La Pergola, J.-P. Puissochet, P. Jann,
Articles 4(2) and 20(2)(c) thereof in particular — the Court,               H. Ragnemalm, M. Wathelet and F. Macken, Judges; N. Fennelly,
composed of: G.C. Rodrı́guez Iglesias, President, J.C. Moitinho             Advocate General; H. von Holstein, Deputy Registrar, and
de Almeida and L. Sevón (Presidents of Chambers),                          L. Hewlett, Administrator, for the Registrar, has given a
P.J.G. Kapteyn, J.-P. Puissochet, P. Jann, H. Ragnemalm,                    judgment on 5 October, in which it: