CELEX: C2004/021/52
Language: en
Date: 2004-01-24 00:00:00
Title: Case C-510/03: Action brought on 4 December 2003 by the Commission of the European Communities against the Federal Republic of Germany

C 21/28                 EN                       Official Journal of the European Union                                            24.1.2004
The French Republic had confirmed its willingness to comply              Pleas in law and main arguments
with the decision of 13 November 2002. Nevertheless it failed
to submit evidence of the reimbursement by Bull, no later than
17 June 2003, of the cash advance of EUR 450 million,                    According to Article 7(6) and Article 19 of Directive 80/778/
including interest. The French Republic did not at any time              EEC, read in conjunction with Annex I to that directive, from
plead that it found it absolutely impossible to comply with the          15 July 1985 all water intended for human consumption in
decision. It took no action in relation to Bull with a view to           France must have a maximum nitrate concentration of less
obtaining reimbursement of the aid. Moreover, compliance                 than or equal to 50 mg/l.
with the decision did not present any particular difficulty,
since reimbursement had been agreed upon from the outset
between the Commission and the French Republic on the one
hand, and between the French Republic and Bull on the other              However, it appears from official publications that in 1988,
hand.                                                                    13 % of the total population of the region of Brittany were
                                                                         supplied with water which had, temporarily or permanently, a
                                                                         nitrate concentration of over 50 mg/l.
In addition the French Republic has allowed the period
prescribed to expire without bringing an action for annulment            On expiry of the period laid down by the Commission in its
of the decision, which must therefore be considered final                reasoned opinion, the French authorities admitted that that
against it.                                                              percentage, although it had decreased, was still 2,6 % in 2002.
(1) OJ 2003 L 209, p. 1.                                                 (1) OJ 1980 L 229, p. 11.
Action brought on 28 November 2003 by the Com-                           Action brought on 4 December 2003 by the Commission
mission of the European Communities against the French                   of the European Communities against the Federal Repub-
                             Republic                                                                lic of Germany
                         (Case C-505/03)                                                            (Case C-510/03)
                                                                                                     (2004/C 21/52)
                          (2004/C 21/51)
                                                                         An action against the Federal Republic of Germany was
An action against the French Republic was brought before the             brought before the Court of Justice of the European Communi-
Court of Justice of the European Communities on 28 Novem-                ties on 4 December 2003 by the Commission of the European
ber 2003 by the Commission of the European Communities,                  Communities, represented by J.C. Schieferer, with an address
represented by G. Valero Jordana and F. Simonetti, acting as             for service in Luxembourg.
Agents, with an address for service in Luxembourg.
                                                                         The applicant claims that the Court should:
The Commission of the European Communities claims that
the Court should:
                                                                         1.    declare that, by adopting and retaining provisions
                                                                               impeding the placing on the market and putting into
1.   declare that, by failing to comply with the requirements                  service of appliances burning gaseous fuel which satisfy
     of the directive in relation to the nitrate content of                    the requirements of Council Directive 90/396/EEC of
     drinking water in Brittany, the French Republic has failed                29 June 1990 on the approximation of the laws of the
     to fulfil its obligations under Article 7(6) and Annex I of               Member States relating to appliances burning gaseous
     Council Directive 80/778/EEC of 15 July 1980, as                          fuels (1), in particular gas-fuelled water heaters, the Federal
     amended, relating to the quality of water intended for                    Republic of Germany has failed to fulfil its obligations
     human consumption (1);                                                    under Article 4 of Directive 90/396/EEC;
2.   order the French Republic to pay the costs.                         2.    order the Federal Republic of Germany to pay the costs.
 ---pagebreak--- 24.1.2004              EN                         Official Journal of the European Union                                         C 21/29
Pleas in law and main arguments                                                  Removal from the register of Case C-135/02 (1)
                                                                                                  (2004/C 21/54)
Various provisions adopted by several German Länder (con-
forming to the Federal Model Form of a Furnace Regulation of
24 February 1995) are, in the Commission’s view, incompat-                By order of 30 September 2003 the President of the Court of
ible with Directive 90/396/EEC on gas-fuelled appliances.                 Justice of the European Communities ordered the removal
Those provisions relate to:                                               from the register of Case C-135/02: Commission of the
                                                                          European Communities v Federal Republic of Germany.
—      gas boilers with a thermal output of more than 50 kw,
       which may be installed only in separate rooms;
                                                                          (1) OJ C 131 of 1.6.2002.
—      certain gas boilers which must be equipped with a
       safety device which prevents the concentration of carbon
       monoxide in the air from exceeding 30 ppm; and
—      gas boilers which must be equipped with a device which,
                                                                                 Removal from the register of Case C-142/02 (1)
       in certain circumstances, closes off the gas supply.
                                                                                                  (2004/C 21/55)
This gives rise to an impediment to the placing on the
market in the Länder concerned of appliances satisfying the
requirements of the Directive because, in those Länder, matters           By order of 15 September 2003 the President of the Court of
already governed by the Directive, such as the installation of            Justice of the European Communities ordered the removal
appliances only in rooms which do not constitute living space,            from the register of Case C-142/02: Commission of the
protection from the release of unburned gas, risk of explosion,           European Communities v Grand Duchy of Luxembourg.
etc., are subject to additional regulation by national provisions.
                                                                          (1) OJ C 131 of 1.6.2002.
The Federal Republic of Germany takes the view that, having
regard to the public safety of persons and the protection of life
and health of persons against general risks posed by fuel-
burning installations, the Member States are competent to
increase as appropriate the safety levels of such fuel-burning                   Removal from the register of Case C-228/02 (1)
installations on the basis of national building regulations. The
Commission rejects that line of argument, pointing out that,                                      (2004/C 21/56)
in accordance with the ‘New Approach’ concept, the Directive
contains a comprehensive set of rules on the matters covered
by it so that the adoption of additional national provisions              By order of 17 September 2003 the President of the Second
governing that area no longer comes into question.                        Chamber of the Court of Justice of the European Communities
                                                                          ordered the removal from the register of Case C-228/02:
(1) OJ 1990 L 196, p. 15.                                                 Commission of the European Communities v Grand Duchy of
                                                                          Luxembourg.
                                                                          (1) OJ C 180 of 27.7.2002.
Removal from the register of Joined Cases C-157/01 P
                        and C-169/01 P (1)
                                                                                 Removal from the register of Case C-229/02 (1)
                          (2004/C 21/53)                                                          (2004/C 21/57)
By order of 17 July 2003 the President of the Court of Justice            By order of 18 September 2003 the President of the Court of
of the European Communities ordered the removal from the                  Justice of the European Communities ordered the removal
register of Joined Cases C-157/01 P and C-169/01 P: Federal               from the register of Case C-229/02 (Reference for a preliminary
Republic of Germany v RAG Aktiengesellschaft and UK Coal                  ruling by the Bundesvergabeamt): Tenderer: debis/AC and
v Commission of the European Communities.                                 Others v Hauptverband der österreichischen Sozialversi-
                                                                          cherungsträger.
(1) OJ C 200 of 14.7.2001, OJ C 168 of 30.6.2001.
                                                                          (1) OJ C 219 of 14.9.2002.