CELEX: C2004/094/68
Language: en
Date: 2004-04-17 00:00:00
Title: Case C-104/04: Action brought on 1 March 2004 by the Commission of the European Communities against the French Republic

17.4.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 94/30
            
         Action brought on 1 March 2004 by the Commission of the European Communities against the French Republic
   (Case C-104/04)
   (2004/C 94/68)
   An action against the French Republic was brought before the Court of Justice of the European Communities on 1 March 2004 by the Commission of the European Communities, represented by J.-F. Pasquier and M. Shotter, acting as Agents, with an address for service in Luxembourg.
   The Commission of the European Communities claims that the Court should:
   
               1.
            
            
               declare that, by failing to bring into force the laws, regulations and administrative provisions necessary to comply with Article 3(2) and Article 8(1) of Directive 97/13/EC of the European Parliament and of the Council of 10 April 1997 in conjunction with the Annex thereto (1), the French Republic has failed to fulfil its obligations under that directive;
            
         
               2.
            
            
               order the French Republic to pay the costs.
            
         Pleas in law and main arguments:
   The amendments made to the French Code des postes et télécommunications (Post and Telecommunications Code) do not put an end to the ground for complaint relating to the inconsistency of the obligatory contribution to research and development with the requirements of the directive. The Code requires the operators concerned to contribute to telecommunications research and development in the European Community in the sum of a minimum annual amount equal to 5 % of their investment. However that obligation is not included in the exhaustive list of the conditions which may be attached to licences and does not fall within any of the categories of conditions set out in the Annex to the directive.
   
      (1)  Directive 97/13/EC of the European Parliament and of the Council of 10 April 1997 on a common framework for general authorisations and individual licences in the field of telecommunications services (OJ L 117 of 7.5.1997, p. 15).