CELEX: C2001/212/06
Language: en
Date: 2001-07-28 00:00:00
Title: Judgment of the Court (Third Chamber) of 14 June 2001 in Case C-84/00: Commission of the European Communities v French Republic (Failure by a Member State to fulfil its obligations — Article 30 of the EC Treaty (now, after amendment, Article 28 EC) — Free movement of articles of precious metal — Rules on acceptable standards of fineness)

C 212/4                  EN                     Official Journal of the European Communities                                          28.7.2001
                  JUDGMENT OF THE COURT                                                     JUDGMENT OF THE COURT
                          (Third Chamber)                                                           (Fourth Chamber)
                           of 14 June 2001
                                                                                                     of 14 June 2001
in Case C-84/00: Commission of the European Communi-
                     ties v French Republic (1)                            in Case C-207/00: Commission of the European Communi-
                                                                                                ties v Italian Republic (1)
(Failure by a Member State to fulfil its obligations —
Article 30 of the EC Treaty (now, after amendment,
                                                                           (Failure by a Member State to fulfil its obligations —
Article 28 EC) — Free movement of articles of precious
                                                                           Failure to implement Directive 97/36/EC amending Directive
     metal — Rules on acceptable standards of fineness)
                                                                           89/552/EEC — Coordination of certain provisions laid down
                                                                           by law, regulation or administrative action in Member States
                           (2001/C 212/06)                                  concerning the pursuit of television broadcasting activities)
                                                                                                     (2001/C 212/07)
                     (Language of the case: French)
(Provisional translation; the definitive translation will be published                         (Language of the case: Italian)
                    in the European Court Reports)
In Case C-84/00: Commission of the European Communities                    (Provisional translation; the definitive translation will be published
(Agent: R. Wainwright) v French Republic (Agents: K. Rispal-                                  in the European Court Reports)
Bellanger and S. Seam) — application for a declaration that,
by failing to allow the marketing within France of articles of
precious metals which come from other Member States and                    In Case C-207/00: Commission of the European Communities
purport to have a standard of fineness of ‘999 parts per                   (Agents: K. Banks and L. Pignataro) v Italian Republic (Agent:
thousand’, despite the fact that that standard is commonly                 U. Leanza, assisted by I.M. Braguglia) — application for a
used in commercial practice, the French Republic has failed to             declaration that, by failing to adopt the laws, regulations and
comply with its obligations under Article 30 of the EC Treaty              administrative provisions necessary to comply with Directive
(now, after amendment, Article 28 EC) — the Court (Third                   97/36/EC of the European Parliament and of the Council of
Chamber), composed of: C. Gulmann, President of the Chamb-                 30 June 1997 amending Council Directive 89/552/EEC on the
er, F. Macken and J.N. Cunha Rodrigues (Rapporteur), Judges;               coordination of certain provisions laid down by law, regulation
J. Mischo, Advocate General; R. Grass, Registrar, has given a              or administrative action in Member States concerning the
judgment on 14 June 2001, in which it:                                     pursuit of television broadcasting activities (OJ 1997 L 202,
                                                                           p. 60), specifically Article 1(1) amending Article 1(c) of Council
1.    Declares that, by failing to allow the marketing within France       Directive 89/552/EEC of 3 October 1989 on the coordination
      of articles of precious metals which come from other Member          of certain provisions laid down by law, regulation or adminis-
      States and purport to have a standard of fineness of ‘999 parts      trative action in Member States concerning the pursuit of
      per thousand’, despite the fact that that standard is commonly       television broadcasting activities (OJ 1989 L 298, p. 23);
      used in commercial practice, the French Republic has failed to       Article 1(2) which replaces Article 2 of Directive 89/552 with
      comply with its obligations under Article 30 of the EC Treaty        the exception of Article 2(3), (4), (5) and (6); Article 1(3) which
      (now, after amendment, Article 28 EC);                               inserts Article 2a into Directive 89/552; Article 1(4) which
                                                                           incorporates Article 3a(3) in Directive 89/552; Article 1(12),
                                                                           which replaces Article 10 of Directive 89/552, with the
2.    Orders the French Republic to pay the costs.                         exception of Article 10(2); Article 1(14) which amends the
                                                                           first sentence of Article 12 of Directive 89/552; Article 1(15)
                                                                           which replaces Article 13 of Directive 89/552; and lastly
                                                                           Article 1(18) which adds a paragraph 2 to Article 16 to
(1) OJ C 163 of 10.6.2000.                                                 Directive 89/552, the Italian Republic has failed to fulfil its
                                                                           obligations under that directive — the Court (Fourth Chamber),
                                                                           composed of: A. La Pergola, President of the Chamber,
                                                                           D.A.O. Edward (Rapporteur) and S. von Bahr, Judges; S. Alber,
                                                                           Advocate General; R. Grass, Registrar, has given a judgment
                                                                           on 14 June 2001, in which it: