CELEX: C2001/173/28
Language: en
Date: 2001-06-16 00:00:00
Title: Judgment of the Court (First Chamber) of 8 March 2001 in Case C-316/99: Commission of the European Communities v Federal Republic of Germany (Failure by a Member State to fulfil its obligations — Directive 96/43/EC — Failure to transpose within the prescribed period)

16.6.2001                 EN                     Official Journal of the European Communities                                            C 173/17
National legislation such as Article C.11.1(1) of the Besluit radio-        1.    Declares that, by failing to adopt, within the prescribed periods,
elektrische inrichtingen, which prohibits commercial advertising for              all the laws, regulations and administrative provisions necessary
transmitting equipment of a non-approved type, does not constitute,               to comply with the provisions referred to in the first subpara-
for the purposes of Council Directive 83/189/EEC of 28 March                      graph of Article 4(1) of Council Directive 96/43/EC of 26 June
1983 laying down a procedure for the provision of information in                  1996 amending and consolidating Directive 85/73/EEC in
the field of technical standards and regulations, a technical regulation          order to ensure financing of veterinary inspections and controls
which should have been notified to the Commission prior to its                    on live animals and certain animal products and amending
adoption.                                                                         Directives 90/675/EEC and 91/496/EEC, the Federal Repub-
                                                                                  lic of Germany has failed to fulfil its obligations under that
                                                                                  subparagraph;
(1) OJ C 265 of 18.9.1999.
                                                                            2.    Dismisses the remainder of the action;
                                                                            3.    Orders the Federal Republic of Germany to pay the costs.
                                                                            (1) OJ C 299 of 16.10.1999.
                   JUDGMENT OF THE COURT
                            (First Chamber)                                                    JUDGMENT OF THE COURT
                           of 8 March 2001                                                            (Fourth Chamber)
                                                                                                       of 8 March 2001
in Case C-316/99: Commission of the European Communi-
              ties v Federal Republic of Germany(1)
                                                                            in Case C-97/00: Commission of the European Communi-
                                                                                                  ties v French Republic (1)
(Failure by a Member State to fulfil its obligations —
Directive 96/43/EC — Failure to transpose within the                        (Failure of a Member State to fulfil its obligations — Failure
                           prescribed period)                                                to transpose Directive 97/52/EC)
                            (2001/C 173/28)                                                             (2001/C 173/29)
                                                                                                  (Language of the case: French)
                    (Language of the case: German)
                                                                            (Provisional translation; the definitive translation will be published
                                                                                                 in the European Court Reports)
(Provisional translation; the definitive translation will be published
                     in the European Court Reports)
                                                                            In Case C-97/00: Commission of the European Communities
                                                                            (Agent: M. Nolin) v French Republic (Agents: K. Rispal-
In Case C-316/99: Commission of the European Communities                    Bellanger and S. Pailler) — application for a declaration
(Agent: K.-D. Borchardt) v Federal Republic of Germany                      that, by failing to communicate the laws, regulations and
(Agents: W.-D. Plessing and C.-D. Quassowski) — application                 administrative provisions necessary to comply with all the
for declaration that, by failing to adopt within the prescribed             provisions of European Parliament and Council Directive
period all the measures necessary to comply with Council                    97/52/EC of 13 October 1997 amending Directives
Directive 96/43/EC of 26 June 1996 amending and consolidat-                 92/50/EEC, 93/36/EEC and 93/37/EEC concerning the coordi-
ing Directive 85/73/EEC in order to ensure financing of the                 nation of procedures for the award of public service contracts,
veterinary inspections and controls on live animals and certain             public supply contracts and public works contracts respectively
animal products and amending Directives 90/675/EEC and                      (OJ 1997 L 328, p. 1), or by failing to adopt the measures
91/496/EEC (OJ 1996 L 162, p. 1), the Federal Republic of                   necessary to comply therewith, the French Republic has failed
Germany has failed to fulfil its obligations under the EC Treaty            to fulfil its obligations under that directive — the Court (Fourth
and that directive — the Court (First Chamber), composed of:                Chamber), composed of: A. La Pergola, President of the
M. Wathelet, President of the Chamber, P. Jann (Rapporteur)                 Chamber, D.A.O. Edward and S. von Bahr (Rapporteur),
and L. Sevón, Judges; A. Tizzano, Advocate General; R. Grass,              Judges; J. Mischo, Advocate General; R. Grass, Registrar, has
Registrar, has given a judgment on 8 March 2001, in which it:               given a judgment on 8 March 2001, in which it: