CELEX: C2004/071/28
Language: en
Date: 2004-03-20 00:00:00
Title: Case C-47/04: Action brought on 6 February 2004 by the Commission of the European Communities against the French Republic

C 71/16                EN                          Official Journal of the European Union                                        20.3.2004
Action brought on 30 January 2004 by the Commission                        Reference for a preliminary ruling by the Tribunal Admi-
of the European Communities against the Kingdom of the                     nistratif de Dijon (First Chamber) by order of that Court
                            Netherlands                                    of 30 December 2003 in the case of SA Laboratoires
                                                                           Fournier against Direction des Vérifications nationales et
                                                                                                   internationales
                          (Case C-38/04)
                                                                                                    (Case C-39/04)
                          (2004/C 71/26)
                                                                                                    (2004/C 71/27)
An action against the Kingdom of the Netherlands was brought               Reference has been made to the Court of Justice of the
before the Court of Justice of the European Communities                    European Communities by order of the Tribunal Administratif
on 30 January 2004 by the Commission of the European                       de Dijon (First Chamber) of 30 December 2003, received at
Communities, represented by M. van Beek, acting as Agent.                  the Court Registry on 2 February 2004, for a preliminary
                                                                           ruling in the case of SA Laboratoires Fournier against Direction
                                                                           des Vérifications nationales et internationales on the following
                                                                           questions:
The applicant claims that the Court should:
                                                                           —    Are the provisions mentioned in Article 244(c)B of the
1.    declare that, by failing to adopt the laws, regulations                   Code général des impôts and in Article 49(g)H of
      and administrative provisions necessary to comply with                    Annex III to the said code, in so far as they restrict the
      Directive 1999/45/EC of the European Parliament and of                    benefit of the tax credit for research to research activities
      the Council of 31 May 1999 concerning the approxi-                        performed in France, contrary to the provisions of
      mation of the laws, regulations and administrative pro-                   Article 49 of the Treaty of 25 March 1957 establishing
      visions of the Member States relating to the classification,              the European Economic Community?
      packaging and labelling of dangerous preparations (1) and
      Commission Directive 2001/60/EC of 7 August 2001                     —    If the answer to that question is in the affirmative, is the
      adapting to technical progress Directive 1999/45/EC of                    condition that the research activities be performed in
      the European Parliament and of the Council concerning                     France laid down by those tax provisions partaking of the
      the approximation of the laws, regulations and adminis-                   principle of coherence of corporation tax and thus
      trative provisions of the Member States relating to                       allowing restriction of the requirements of Article 49 of
      the classification, packaging and labelling of dangerous                  the Treaty?
      preparations (2), or, in any event, by failing to notify the
      Commission of those provisions, the Kingdom of the
      Netherlands has failed to fulfil its obligations under those
      directives;
2.    order the Kingdom of the Netherlands to pay the costs.
                                                                           Action brought on 6 February 2004 by the Commission
                                                                           of the European Communities against the French Republic
Pleas in law and main arguments
                                                                                                    (Case C-47/04)
The period prescribed for implementation of Directives 1999/
45/EC and 2001/60/EC expired on 30 July 2002.                                                       (2004/C 71/28)
(1) OJ 1999 L 200, p. 1.
(2) OJ 2001 L 226, p. 5.                                                   An action against the French Republic was brought before the
                                                                           Court of Justice of the European Communities on 6 February
                                                                           2004 by the Commission of the European Communities,
                                                                           represented by A. Bordes and F. Simonetti, acting as Agents,
                                                                           with an address for service in Luxembourg.
 ---pagebreak--- 20.3.2004               EN                         Official Journal of the European Union                                             C 71/17
The Commission of the European Communities claims that                     The applicant claims that the Court should:
the Court should:
                                                                           —     declare, principally, that, by having failed to adopt the
1.    declare that, by failing to adopt the laws, regulations and                laws, regulations and administrative provisions needed in
      administrative provisions necessary to comply with                         order to comply with Directive 2000/76/EC (1)of the
                                                                                 European Parliament and of the Council of 4 December
      —     Directive 1999/45/EC of the European Parliament                      2000 on the incineration of waste, the Portuguese
            and of the Council of 31 May 1999 concerning                         Republic has failed to fulfil its obligations under
            the approximation of the laws, regulations and                       Article 21(1) of Directive 2000/76/EEC;
            administrative provisions of the Member States
            relating to the classification, packaging and labelling        —     declare, in the alternative, that by failing to have immedi-
            of dangerous preparations (1) and                                    ately informed the Commission of any such provisions,
                                                                                 the Portuguese Republic has failed to fulfil its obligations
      —     Commission Directive 2001/60/EC of 7 August                          under Article 21(1) of Directive 2000/76/EEC;
            2001 adapting to technical progress Directive 1999/
            45/EC of the European Parliament and of the                    —     order the Portuguese Republic to pay the costs.
            Council concerning the approximation of the laws,
            regulations and administrative provisions of the
            Member States relating to the classification, packag-
            ing and labelling of dangerous preparations (2),               Pleas in law and main arguments
      or, in any event, by failing to notify the Commission of
      those provisions, the French republic has failed to fulfil           The period prescribed for transposition of the Directive expired
      its obligations under those directives;                              on 28 December 2002.
2.    order the French Republic to pay the costs.
                                                                           (1) OJ L 332 of 28.12.2000, p. 91.
Pleas in law and main arguments
The period prescribed for implementation of those two
directives expired on 30 July 2002.
                                                                           Action brought on 9 February 2004 by the Commission
                                                                           of the European Communities against the Portuguese
(1) OJ 1999 L 200, p. 1.                                                                                 Republic
(2) OJ 2002 L 226, p. 5.
                                                                                                      (Case C-50/04)
                                                                                                      (2004/C 71/30)
                                                                           An action against the Portuguese Republic was brought
Action brought on 6 February 2004 by the Commission
                                                                           before the Court of Justice of the European Communities
of the European Communities against the Portuguese
                                                                           on 9 February 2004 by the Commission of the European
                              Republic
                                                                           Communities, represented by Enrico Traversa and Gonçalo
                                                                           Braga da Cruz, acting as Agents, with an address for service in
                          (Case C-48/04)                                   Luxembourg.
                          (2004/C 71/29)                                   The applicant claims that the Court should:
                                                                           —     declare that, by maintaining in force Article 508(1) of the
                                                                                 Portuguese Civil Code, the Portuguese Republic has failed
An action against the Portuguese Republic was brought                            to fulfil its obligations under Article 1(2) of Directive 84/
before the Court of Justice of the European Communities                          5/EEC (1) of 30 December 1983 on the approximation of
on 6 February 2004 by the Commission of the European                             the laws of the Member States relating to insurance
Communities, represented by A. Caeiros and M. Konstantinidis,                    against civil liability in respect of the use of motor
acting as Agents, with an address for service in Luxembourg.                     vehicles;