CELEX: C2002/097/18
Language: en
Date: 2002-04-20 00:00:00
Title: Case C-85/02: Action brought on 13 March 2002 by the Commission of the European Communities against the French Republic

20.4.2002              EN                   Official Journal of the European Communities                                           C 97/9
Action brought on 5 March 2002 by the Commission of                    Action brought on 13 March 2002 by the Commission of
the European Communities against the Federal Republic                   the European Communities against the French Republic
                           of Germany
                                                                                                  (Case C-85/02)
                         (Case C-74/02)
                                                                                                  (2002/C 97/18)
                         (2002/C 97/17)
                                                                       An action against the French Republic was brought before the
                                                                       Court of Justice of the European Communities on 13 March
                                                                       2002 by the Commission of the European Communities,
An action against the Federal Republic of Germany was                  represented by M. Wolfcarius, acting as Agent, with an address
brought before the Court of Justice of the European Communi-           for service in Luxembourg.
ties on 5 March 2002 by the Commission of the European
Communities, represented by Götz zur Hausen, Legal Adviser
in the Legal Service of the Commission of the European                 The Commission of the European Communities claims that
Communities, with an address for service in Luxembourg at              the Court should:
the office of Luis Escobar Guerrero, of the Commission’s Legal         (1) declare that, by failing to adopt the laws, regulations and
Service, C 254, Wagner Centre, Kirchberg.                                    administrative measures necessary in order to transpose
                                                                             point 12 in Annex II to Directive 91/439/EC of 29 July
                                                                             1991 (1), or at any rate by failing to notify those measures
The applicant claims that the Court should:
                                                                             to the Commission, the French Republic has failed to
                                                                             fulfil its obligations under that directive;
(1) declare that, by failing to adopt the laws, regulations and
      administrative measures necessary in order to comply             (2) order the French Republic to pay the costs.
      with Directive 1999/94/EC of the European Parliament
      and of the Council of 13 December 1999 relating to the
      availability of consumer information on fuel economy             Pleas in law and main arguments
      and CO2 emissions in respect of the marketing of new
      passenger cars (1), or at any rate to notify the same to
                                                                       The pleas in law and main arguments are similar to those
      the Commission, the Federal Republic of Germany has
                                                                       advanced in Case C-74/02; the time-limit for transposition
      infringed its obligations under Article 12(1) of that
                                                                       expired on 1 July 1996.
      directive;
(2) order the Federal Republic of Germany to pay the costs.            (1) Council Directive 91/439/EEC of 29 July 1991 on driving licences
                                                                           (OJ 1991 L 237, p. 1).
Pleas in law and main arguments
The mandatory nature of directives pursuant to the third                      Removal from the register of Case C-318/01 (1)
paragraph of Article 249 EC and the first paragraph of
Article 10 EC is such as to require Member States to whom                                         (2002/C 97/19)
directives are addressed to transpose the provisions thereof
into national law so as to give full practical effect to them
before the expiry of the time-limit for transposition. The time-       By order of 22 October 2001 the President of the Court of
limit prescribed in Article 12 of the directive expired on             Justice of the European Communities ordered the removal
18 January 2001.                                                       from the register of Case C-318/01 (Reference for a preliminary
                                                                       ruling by the Commissione Tributaria Provinciale di Roma):
                                                                       Informatica e Telecomunicazioni I & T SpA v Direzione
(1) OJ 2000 L 12, p. 16.                                               Regionale delle Entrate per il Lazio.
                                                                       (1) OJ C 303 of 27.10.2001.