CELEX: C2001/212/13
Language: en
Date: 2001-07-28 00:00:00
Title: Order of the Court of 29 May 2001 in Case C-1/00 SA: Cotecna Inspection SA v Commission of the European Communities (Application for authorisation to serve a garnishee order on the Commission of the European Communities)

C 212/8                   EN                      Official Journal of the European Communities                                          28.7.2001
The existence of a maximum which those charges cannot exceed is              1.    Declares that, by failing to adopt, within the prescribed period,
not sufficient to make them duties paid by way of fees or dues if that             all the laws, regulations and administrative measures necessary
maximum is not established reasonably by reference to the cost of the              to comply with Directive 98/4/EC of the European Parliament
service in respect of which the charges are levied.                                and of the Council of 16 February 1998 amending Directive
                                                                                   93/38/EEC coordinating the procurement procedures of entities
                                                                                   operating in the water, energy, transport and telecommuni-
Furthermore, a Member State cannot, without making the charges in                  cations sectors, the French Republic has failed to comply with
question cease to be duties paid by way of fees or dues, introduce into            its obligations under that directive.
the scale of charges payable for a service rendered an element of
solidarity between large and small companies, by establishing, for           2.    Orders the French Republic to pay the costs.
one and the same service, a higher charge for capital companies with
significant share capital than for those with less share capital, where
that difference in the charge bears no relation to the cost of the service.  (1) OJ C 28 of 27.1.2001.
(1) OJ C 226 of 7.8.1999.
                                                                                                  ORDER OF THE COURT
                                                                                                        of 29 May 2001
                   JUDGMENT OF THE COURT
                                                                             in Case C-1/00 SA: Cotecna Inspection SA v Commission
                           (Fourth Chamber)                                                  of the European Communities (1)
                            of 21 June 2001                                  (Application for authorisation to serve a garnishee order on
                                                                                     the Commission of the European Communities)
in Case C-439/00: Commission of the European Communi-
                       ties v French Republic (1)                                                       (2001/C 212/13)
(Failure by Member State to fulfil its obligations — Directive                                    (Language of the case: French)
98/4/EC — Failure to transpose within the prescribed period)
                            (2001/C 212/12)                                  (Provisional translation; the definitive translation will be published
                                                                                                 in the European Court Reports)
                      (Language of the case: French)                         In Case C-1/00 SA: Cotecna Inspection SA, established in
                                                                             Geneva (Switzerland), represented by J. H. J. Bourgeois, Avocat
                                                                             v Commission of the European Communities (Agents:
(Provisional translation; the definitive translation will be published       M. De Pauw and B. Martenczuk) — application for authoris-
                     in the European Court Reports)                          ation to serve a garnishee order on the Commission of
                                                                             the European Communities — the Court, composed of:
                                                                             G. C. Rodrı́guez Iglesias, President, C. Gulmann, A. La Pergola,
In Case C-439/00: Commission of the European Communities                     M. Wathelet and V. Skouris, Presidents of Chambers,
(Agent: M. Nolin) v French Republic (Agent: G. de Bergues and                D.A.O. Edward, J.-P. Puissochet, P. Jann, L. Sevón, R. Schintgen,
S. Pailler) — application for a declaration that, by failing to              F. Macken, N. Colneric, S. von Bahr (Rapporteur), J. N. Cunha
adopt all the laws, regulations and administrative measures                  Rodrigues and C.W.A. Timmermans, Judges; D. Ruiz-Jarabo
necessary to comply with Directive 98/4/EC of the European                   Colomer, Advocate General; R. Grass, Registrar, has given an
Parliament and of the Council of 16 February 1998 amending                   order on 29 May 2001, in which it:
Directive 93/38/EEC coordinating the procurement procedures
of entities operating in the water, energy, transport and                    1)    Dismisses the application.
telecommunications sectors (OJ 1998 L 101, p. 1) or, at all
events, by failing to communicate the same to the Commission,                2)    Orders Cotecna Inspection SA to pay the costs.
the French Republic has failed to comply with its obligations
under that directive — the Court (Fourth Chamber), composed
of: A. La Pergola, President of the Chamber, S. von Bahr                     (1) OJ C 45 of 10.2.2001.
(Rapporteur) and C.W.A. Timmermans, Judges; J. Mischo,
Advocate General; R. Grass, Registrar, has given a judgment
on 21 June 2001, in which it: