CELEX: C1997/212/12
Language: en
Date: 1997-07-12 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 29 May 1997 in Case C-311/96: Commission of the European Communities v. French Republic (Failure of a Member State to fulfil its obligations - Directive 93/38/EEC - Failure to transpose within the prescribed period)

No C 212/6           i EN                  Official Journal of the European Communities                                     12 . 7. 97
               JUDGMENT OF THE COURT                                  2 . orders the French Republic to pay the costs.
                        ( Fifth Chamber)
                                                                      (') OJ No C 294 , 5 . 10 . 1996 .
                        of 29 May 1997
in Joined Cases C-282/96 and C-283/96: Commission of
      the European Communities v. French Republic ( J )
(Failure to fulfil obligations — Failure to transpose
           Directives 91/157/EEC and 93/86/EEC)
                                                                                    JUDGMENT OF THE COURT
                          ( 97/C 212/ 11
                                                                                                ( Sixth Chamber)
                 (Language of the case: French)                                                 of 29 May 1997
                                                                            in Case C-3 11/96: Commission of the European
                                                                                   Communities v. French Republic (')
  (Provisional translation; the definitive translation will be
                                                                      (Failure of a Member State to fulfil its obligations —
          published in the European Court Reports)
                                                                      Directive 93/38/EEC — Failure to transpose within the
                                                                                              prescribed period)
In Joined Cases C-282/96 and C-283/96 : Commission of                                             ( 97IC 212/ 12 )
the European Communities (Agent: G. zur Hausen,
assisted by J. -J. Evrard ) v. French Republic (Agents: C. de
Salins and R. Nadal ) — application for a declaration that,                           (Language of the case: French)
by failing to adopt within the periods prescribed the laws,
regulations and administrative measures necessary to
comply with                                                             (Provisional translation; the definitive translation will be
                                                                               published in the European Court Reports)
— Council Directive 91 / 157/EEC of 18 March 1991 on
     batteries and accumulators containing certain                    In Case C-3 11 /96 : Commission of the European
     dangerous substances ( OJ No L 78 , 26 . 3 . 1991 ,              Communities (Agent: Hendrik van Lier) v. French
     p. 38 ), and                                                     Republic (Agents: Catherine de Salins and Philippe
                                                                      Martinet ) — application for a declaration that, by failing
                                                                      to adopt within the prescribed period the laws, regulations
— Commission Directive 93/86/EEC of 4 October 1993                    and administrative provisions necessary to comply with
     adapting to technical progress Directive 91 /157/EEC             Council Directive 93/38/EEC of 14 June 1993
     ( OJ No L 264, 23 . 10 . 1993 , p. 51 ),                         coordinating the procurement procedures of entities
                                                                      operating in the water, energy, transport and
                                                                      telecommunications sectors ( OJ No L 199 , 9 . 8 . 1993 ,
or by failing to communicate those measures, the French               p. 84 ) and, in the alternative, by failing to inform the
Republic has failed to comply with its obligations under              Commission forthwith of the adoption of such measures,
those Directives — the Court ( Fifth Chamber ), composed              the French Republic has failed to fulfil its obligations
of: J. C. Moitinho de Almeida, President of the Chamber,              under the Directive and in particular Article 45 thereof —
 C. Gulmann ( Rapporteur ), D. A. O. Edward, J. -P.                   the Court ( Sixth Chamber ), composed of: G. F. Mancini,
Puissochet and P. Jann, Judges; D. Ruiz-Jarabo Colomer,               President of the Chamber, J. L. Murray, C. N. Kakouris,
 Advocate-General; R. Grass, Registrar, has given a                   P. J. G. Kapteyn and H. Ragnemalm ( Rapporteur), Judges;
 judgment on 29 May 1997, in which it:                                C. O. Lenz, Advocate-General; R. Grass, Registrar, has
                                                                      given a judgment on 29 May 1997, in which it:
 1 . declares that, by failing to adopt within the periods
     prescribed the laws, regulations and administrative               1 . declares that, by failing to adopt within the prescribed
     measures necessary to comply with                                     period the laws, regulations and administrative
                                                                           provisions necessary to comply with Council Directive
     — Council Directive 91 /157/EEC of 18 March 1991                      93/38/EEC of 14 June 1993 coordinating the
          on batteries and accumulators containing certain                 procurement procedures of entities operating in the
          dangerous substances, and                                        water, energy, transport and telecommunications
                                                                           sectors, the French Republic has failed to fulfil its
                                                                           obligations under Article 45 ( 1 ) of that Directive;
     — Commission Directive 93/86/EEC of 4 October
          1993 adapting to technical progress Directive 91 /
          157/EEC,                                                     2 . orders the French Republic to pay the costs.
                                                                       (') OJ No C 354, 23 . 11 . 1996 .
      the French Republic has failed to comply with its
      obligations pursuant to Article 11 of Directive 91 /157/
      EEC and Article 7 of Directive 93/86/EEC;