CELEX: C2004/228/29
Language: en
Date: 2004-09-11 00:00:00
Title: Judgment of the Court (Fourth Chamber) of 15 July 2004 in Case C-419/03: Commission of the European Communities against French Republic (Failure of a Member State to fulfil its obligations — Partial failure to transpose — Burden of proof — Directive 2001/18/EC)

11.9.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 228/15
            
         
      JUDGMENT OF THE COURT
   
   (Fourth Chamber)
   of 15 July 2004
   in Case C-419/03: Commission of the European Communities against French Republic (1)
   
   (Failure of a Member State to fulfil its obligations - Partial failure to transpose - Burden of proof - Directive 2001/18/EC)
   (2004/C 228/29)
   Language of the case: French
   In Case C-419/03: Commission of the European Communities (Agents: U. Wölker and F. Simonetti) against French Republic (Agents: G. de Bergues and D. Petrausch) — application for a declaration that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC (OJ 2001 L 106, p. 1) or, in any event, by failing to inform the Commission thereof, the French Republic has failed to fulfil its obligations under that directive — the Court (Fourth Chamber), composed of: J.N. Cunha Rodrigues, President of the Chamber, N. Colneric and K. Schiemann (Rapporteur), Judges; C. Stix-Hackl, Advocate General; R. Grass, Registrar, has given a judgment on 15 July 2004, the operative part of which is as follows:
   
               1.
            
            
               By failing to adopt within the prescribed period the laws, regulations and administrative provisions necessary to transpose into national law the provisions of Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC which differ from or go beyond those of Council Directive 90/220/EEC of 23 April 1990 on the deliberate release into the environment of genetically modified organisms, the French Republic has failed to fulfil its obligations under Directive 2001/18.
            
         
               2.
            
            
               The remainder of the action is dismissed.
            
         
               3.
            
            
               Each party is to bear its own costs.
            
         
      (1)  OJ C 275 of 15.11.2003.