CELEX: C2003/019/12
Language: en
Date: 2003-01-25 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 28 November 2002 in Case C-259/01: Commission of the European Communities v French Republic (Failure by a Member State to fulfil its obligations — Directive 98/30/EC — Failure to transpose within the prescribed period)

25.1.2003               EN                       Official Journal of the European Communities                                             C 19/7
                 JUDGMENT OF THE COURT                                                         JUDGMENT OF THE COURT
                          (Sixth Chamber)                                                               (Sixth Chamber)
                       of 28 November 2002                                                            of 5 December 2002
in Case C-259/01: Commission of the European Communi-                       in Case C-324/01: Commission of the European Communi-
                                                                                                ties v Kingdom of Belgium ( 1)
                     ties v French Republic ( 1)
                                                                            (Failure by a Member State to fulfil its obligations —
(Failure by a Member State to fulfil its obligations —                      Conservation of natural habitats — Wild fauna and flora —
Directive 98/30/EC — Failure to transpose within the                                                Incomplete transposition)
                          prescribed period)
                                                                                                         (2003/C 19/13)
                           (2003/C 19/12)
                                                                                                   (Language of the case: French)
                    (Language of the case: French)
                                                                            (Provisional translation; the definitive translation will be published
(Provisional translation; the definitive translation will be published                            in the European Court Reports)
                   in the European Court Reports)
                                                                            In Case C-324/01, Commission of the European Communities
In Case C-259/01, Commission of the European Communities                    (Agents: R. B. Wainwrighte and J. Adda) v Kingdom of Belgium
(Agent: R. Tricot) v French Republic (Agents: G. de Bergues                 (Agent: C. Pochet): Application for a declaration that, by failing
and A. Bréville-Viéville): Application for a declaration that, by           to take all the measures necessary to ensure the full and proper
failing to adopt the laws, regulations and administrative                   transposition of Articles 1, 4(5), 5(4), 6, 7, 12, 13, 14, 15,
provisions necessary to comply with Directive 98/30/EC of                   16(1), 22(b) and (c) and 23(2) of Council Directive 92/43/EEC
the European Parliament and of the Council of 22 June 1998                  of 21 May 1992 on the conservation of natural habitats and
concerning common rules for the internal market in natural                  of wild fauna and flora (OJ 1992 L 206, p. 7), in conjunction
gas (OJ 1998 L 204, p. 1), or, in any event, by not notifying               with Annexes II, IV, V and VI thereto, the Kingdom of Belgium
the Commission thereof, the French Republic has failed to                   has failed to fulfil its obligations under the Directive and the
fulfil its obligations under that directive and, in particular,             third paragraph of Article 249 EC, the Court (Sixth Chamber),
under Article 29 thereof, the Court (Sixth Chamber), composed               composed of: J.-P. Puissochet, President of the Chamber,
of: R. Schintgen (Rapporteur), President of the Second Chamb-               C. Gulmann (Rapporteur), F. Macken, N. Colneric and
er, acting for the President of the Sixth Chamber, C. Gulmann,              J.N. Cunha Rodrigues, Judges; P. Léger, Advocate General;
V. Skouris, F. Macken and N. Colneric, Judges; C. Stix-Hackl,               R. Grass, Registrar, has given a judgment on 5 December
Advocate General; R. Grass, Registrar, has given a judgment                 2002, in which it:
on 28 November 2002, in which it:
                                                                            1.    Declares that by failing to adopt all the laws, regulations and
                                                                                  administrative measures necessary to ensure the full and proper
1.    Declares that, by failing to adopt the laws, regulations and
                                                                                  transposition of Articles 1, 4(5), 5(4), 6, 7, 12, 13, 14, 15,
      administrative provisions necessary to comply with Directive
                                                                                  16(1), 22(b) and (c) and 23(2) of Council Directive 92/43/
      98/30/EC of the European Parliament and of the Council of
                                                                                  EEC of 21 May 1992 on the conservation of natural habitats
      22 June 1998 concerning common rules for the internal market
                                                                                  and of wild fauna and flora, in conjunction with Annexes II,
      in natural gas, the French Republic has failed to fulfil its
                                                                                  IV, V and VI thereto, the Kingdom of Belgium has failed to
      obligations under Article 29 thereof;
                                                                                  fulfil its obligations under the Directive;
2.    Orders the French Republic to pay the costs.                          2.    Orders the Kingdom of Belgium to pay the costs.
( 1) OJ C 227 of 11.8.2001.                                                 (1 ) OJ C 289 of 13.10.2001.