CELEX: C2004/118/65
Language: en
Date: 2004-04-30 00:00:00
Title: Case C-177/04: Action brought on 14 April 2004 by the Commission of the European Communities against the Republic of France

30.4.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 118/34
            
         Action brought on 14 April 2004 by the Commission of the European Communities against the Republic of France
   (Case C-177/04)
   (2004/C 118/65)
   An action against the Republic of France was brought before the Court of Justice of the European Communities by the Commission of the European Communities, represented by G. Valero Jordana and B. Stromsky, acting as Agents, with an address for service in Luxembourg
   The Commission of the European Communities claims that the Court should:
   
               1.
            
            
               find that, by failing to take the measures required to implement the judgment of the Court of Justice of the European Communities of 25 April 2002 in Case C-52/00 on the incorrect transposition of Directive 85/374/EEC (1), the French Republic has failed to fulfil its obligations under Article 228(1) of the Treaty establishing the European Community;
            
         
               2.
            
            
               order the French Republic to pay the Commission of the European Communities (Community own resources account) a fine of EURO 137,150 per day of delay in implementing the judgment in Case C-52/00 from the day on which judgment is delivered in this case until the day on which the judgment in Case C-52/00 (2) is implemented;
            
         
               3.
            
            
               order the French Republic to pay the costs.
            
         Pleas in law and main arguments
   Implementation of the judgment of the Court of 25 April 2002 entails amending provisions of the French civil code that are incompatible with Directive 85/374. The French Republic ought therefore to have begun the necessary legislative procedure immediately after the judgment was delivered. However the amendments have still not been adopted. A fine of EURO 137,150 per day of delay in implementing the judgement is appropriate to the seriousness and durations of the infringement and takes account of the requirement that the penalty be effective.
   
      (1)  Council Directive 85/374/EEC of 25 July 1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products
   
      (2)  [2002] ECR I-3827