CELEX: C2001/212/36
Language: en
Date: 2001-07-28 00:00:00
Title: Case C-244/01: Action brought on 22 June 2001 by the Commission of the European Communities against the French Republic

C 212/20               EN                      Official Journal of the European Communities                                        28.7.2001
of the project but also did not comply with Directive                     Action brought on 22 June 2001 by the Commission of
85/337/EEC, since Articles 5(2) and 6(2) of that directive were            the European Communities against the French Republic
not observed. First, in the procedure preceding the adoption
of the Study the file did not take account of the information
referred to in Article 5(2) of the directive (inter alia, the non-
technical summary of the information) and, second, the                                               (Case C-244/01)
information gathered was not made available to the public
before the Study was adopted, as required, in order to give
those concerned the opportunity to express an opinion.
                                                                                                     (2001/C 212/36)
(1) OJ L 175 of 5.7.1985, p. 40.
                                                                          An action against the French Republic was brought before the
                                                                          Court of Justice of the European Communities on 22 June
                                                                          2001 by the Commission of the European Communities,
                                                                          represented by D. Martin and M. França, acting as Agents, with
                                                                          an address for service in Luxembourg.
Action brought on 22 June 2001 by the Commission of
the European Communities against the Grand-Duchy of
                           Luxembourg
                                                                          The Commission of the European Communities claims that
                                                                          the Court should:
                         (Case C-242/01)
                                                                          —     Declare that, by failing to transpose in full Article 4(2) of
                         (2001/C 212/35)                                        Council Directive 93/13/EEC of 5 April 1993 on unfair
                                                                                terms in consumer contracts (1), the French Republic has
An action against the Grand-Duchy of Luxembourg was                             failed to fulfil its obligations under that directive;
brought before the Court of Justice of the European Communi-
ties on 22 June 2001 by the Commission of the European                    —     Order the French Republic to pay the costs.
Communities, represented by D. Martin and M. França, acting
as Agents, with an address for service in Luxembourg.
The Commission of the European Communities claims that
the Court should:
                                                                          Pleas in law and main arguments
—     Declare that, by failing to adopt all the measures necessary
      to implement fully and properly the provisions required
      to transpose Article 4(3) of Council Directive 90/314/EEC
      of 13 June 1990 on package travel, package holidays and
      package tours (1) in the Luxembourg legal system, the               The Commission points out that Article L-132-1, subpara-
      Grand-Duchy of Luxembourg has failed to fulfil its                  graph 7, of the French Code de la Consommation (Consumer
      obligations under that directive;                                   Affairs Code) does not contain the condition under which, in
                                                                          order to be excluded from assessment as to their potentially
—     Order the Grand-Duchy of Luxembourg to pay the costs.               unfair nature, fundamental terms must be ‘in plain intelligible
                                                                          language’. The Commission takes the view that reference to
                                                                          the actual concept of unfair terms is not a sufficient guarantee
                                                                          to prevent application of certain unfair terms which define the
Pleas in law and main arguments
                                                                          main subject-matter of the contract but which are drafted in
                                                                          unclear or unintelligible language.
The Commission takes the view that the directive was incor-
rectly transposed by Article 4 of the Grand-Ducal Regulation
of 4 November 1997 inasmuch as, by laying down a 21-day
period prior to departure, that article imposes unjustified
limitations on the right of transfer set out in Article 4(3) of the       (1) OJ L 95 of 21.4.1993, p. 29.
directive.
(1) OJ L 158 of 23.6.1990, p. 59.