CELEX: C2004/021/14
Language: en
Date: 2004-01-24 00:00:00
Title: Judgment of the Court (Third Chamber) of 27 November 2003 in Case C-66/03: Commission of the European Communities v French Republic (Failure of a Member State to fulfil obligations — Failure to implement — Directive 2000/39/EC)

C 21/8                     EN                          Official Journal of the European Union                                             24.1.2004
                  JUDGMENT OF THE COURT                                                          JUDGMENT OF THE COURT
                            (Third Chamber)                                                              (Third Chamber)
                                                                                                      of 27 November 2003
                         of 27 November 2003
                                                                               in Case C-66/03: Commission of the European Communi-
in Case C-332/02: Commission of the European Communi-                                               ties v French Republic (1)
ties v United Kingdom of Great Britain and Northern
                                 Ireland (1)
                                                                               (Failure of a Member State to fulfil obligations — Failure to
                                                                                             implement — Directive 2000/39/EC)
(Failure of a Member State to fulfil obligations — Failure to
                 transpose Directive 1999/13/EC)
                                                                                                          (2004/C 21/14)
                             (2004/C 21/13)
                                                                                                    (Language of the case: French)
                     (Language of the case: English)
                                                                               (Provisional translation; the definitive translation will be published
                                                                                                   in the European Court Reports)
In Case C-332/02, Commission of the European Communities
(Agent: X. Lewis) with an address for service in Luxembourg, v                 In Case C-66/03, Commission of the European Communities
United Kingdom of Great Britain and Northern Ireland (Agent:                   (Agent: N. Yerrell), with an address for service in Luxembourg,
P. Ormond, then by C. Jackson, assisted by M. Demetriou):                      v French Republic (Agents: G. de Bergues and C. Bergeot-
Application for a declaration that, by failing to adopt the laws,              Nunes): Application for a declaration that, by failing to adopt
regulations and administrative provisions necessary to comply                  and/or communicate to the Commission the laws, regulations
with Council Directive 1999/13/EC of 11 March 1999 on the                      and administrative provisions necessary to comply with Com-
limitation of emissions of volatile organic compounds due to                   mission Directive 2000/39/EC of 8 June 2000 establishing a
the use of organic solvents in certain activities and installations            first list of indicative occupational exposure limit values
(OJ 1999 L 85, p. 1) or, at least, by failing to inform the                    in implementation of Council Directive 98/24/EC on the
Commission of such measures, the United Kingdom of Great                       protection of the health and safety of workers from the risks
Britain and Northern Ireland has failed to fulfil its obligations              related to chemical agents at work (OJ 2000 L 142, p. 47), the
under Article 15 of that directive, the Court (Third Chamber),                 French Republic has failed to fulfil its obligations under the EC
composed of: A. Rosas (Rapporteur), President of the Chamber,                  Treaty, the Court (Third Chamber), composed of: A. Rosas,
R. Schintgen and N. Colneric, Judges; L.A. Geelhoed, Advocate                  President of the Chamber, D.A.O. Edward (Rapporteur) and
General; R. Grass, Registrar, has given a judgment on 27 Nov-                  R. Schintgen, Judges; A. Tizzano, Advocate General; R. Grass,
ember 2003, in which it:                                                       Registrar, has given a judgment on 27 November 2003, in
                                                                               which it:
1.    Declares that, by failing to adopt the laws, regulations and
      administrative provisions necessary to comply with Council               1.    Declares that, by failing to adopt all the laws, regulations and
      Directive 1999/13/EC of 11 March 1999 on the limitation                        administrative provisions necessary to comply with Commission
      of emissions of volatile organic compounds due to the use of                   Directive 2000/39/EC of 8 June 2000 establishing a first list
      organic solvents in certain activities and installations, the                  of indicative occupational exposure limit values in implemen-
      United Kingdom of Great Britain and Northern Ireland has                       tation of Council Directive 98/24/EC on the protection of the
      failed to fulfil its obligations under Article 15 of that directive;           health and safety of workers from the risks related to chemical
                                                                                     agents at work, the French Republic has failed to fulfil its
                                                                                     obligations under that Directive;
2.    Orders the United Kingdom of Great Britain and Northern
      Ireland to pay the costs.
                                                                               2.    Orders the French Republic to pay the costs.
(1) OJ C 274 of 9.11.2002.                                                     (1) OJ C 70 of 22.3.2003.