CELEX: C2003/101/17
Language: en
Date: 2003-04-26 00:00:00
Title: Judgment of the Court (Third Chamber) of 6 March 2003 in Case C-6/02: Commission of the European Communities v French Republic (Failure by a Member State to fulfil obligations — Free movement of goods — Measures having equivalent effect — Indication of provenance — Regional labels)

C 101/10                 EN                            Official Journal of the European Union                                                26.4.2003
the consequences of such non-registration do not adversely affect in                             JUDGMENT OF THE COURT
any other way the protection which that directive confers on
commercial agents in their relations with their principals.
                                                                                                         (Fourth Chamber)
( 1) OJ C 44 of 16.2.2002.
                                                                                                           of 6 March 2003
                                                                               in Case C-211/02: Commission of the European Communi-
                                                                                           ties v Grand Duchy of Luxembourg ( 1)
                  JUDGMENT OF THE COURT
                                                                               (Failure by a Member State to fulfil obligations — Failure to
                           (Third Chamber)                                     transpose Directive 97/66/EC within the prescribed periods)
                            of 6 March 2003
                                                                                                           (2003/C 101/18)
in Case C-6/02: Commission of the European Communi-
                      ties v French Republic ( 1)
                                                                                                    (Language of the case: French)
(Failure by a Member State to fulfil obligations — Free
movement of goods — Measures having equivalent effect —
          Indication of provenance — Regional labels)                          (Provisional translation; the definitive translation will be published
                                                                                                   in the European Court Reports)
                            (2003/C 101/17)
                     (Language of the case: French)
                                                                               In Case C-211/02, Commission of the European Communities
(Provisional translation; the definitive translation will be published         (Agent: C. Schmidt) v Grand Duchy of Luxembourg (Agent:
                    in the European Court Reports)                             N. Mackel): Application for a declaration that, by failing to
                                                                               adopt the laws, regulations and administrative provisions
                                                                               necessary to comply with Directive 97/66/EC of the European
                                                                               Parliament and of the Council of 15 December 1997 concern-
In Case C-6/02, Commission of the European Communities                         ing the processing of personal data and the protection of
(Agents: H. van Lier and J. Adda) v French Republic (Agents:                   privacy in the telecommunications sector (OJ 1998 L 24, p. 1),
G. de Bergues and A. Colomb): Application for a declaration                    the Grand Duchy of Luxembourg has failed to fulfil its
that, by maintaining the national legal protection afforded to                 obligations under that directive, the Court (Fourth Chamber),
the name ‘Salaisons d’Auvergne’ and to the regional labels                     composed of: C.W.A. Timmermans, President of the Chamber,
‘Savoie’, ‘Franche-Comté’, ‘Corse’, ‘Midi-Pyrénées’, ‘Normandie’,              D.A.O. Edward (Rapporteur) and A. La Pergola, Judges;
‘Nord-Pas-de-Calais’, ‘Ardennes de France’, ‘Limousin’, ‘Langue-               S. Alber, Advocate General; R. Grass, Registrar, has given a
doc-Roussillon’ and ‘Lorraine’, the French Republic has failed                 judgment on 6 March 2003, in which it:
to fulfil its obligations under Article 28 EC, the Court (Third
Chamber), composed of: J.-P. Puissochet, President of the
Chamber, C. Gulmann (Rapporteur) and F. Macken, Judges;
J. Mischo, Advocate General; R. Grass, Registrar, has given a                  1.    Declares that, by failing, within the prescribed periods, to adopt
judgment on 6 March 2003, in which it:                                               the laws, regulations and administrative provisions necessary to
                                                                                     comply with Directive 97/66/EC of the European Parliament
                                                                                     and of the Council of 15 December 1997 concerning the
1.    Declares that, by maintaining the national legal protection                    processing of personal data and the protection of privacy in the
      afforded to the name ‘Salaisons d’Auvergne’ and to the regional                telecommunications sector, the Grand Duchy of Luxembourg
      labels ‘Savoie’, ‘Franche-Comté’, ‘Corse’, ‘Midi-Pyrénées’, ‘Nor-              has failed to fulfil its obligations under that directive;
      mandie’, ‘Nord-Pas-de-Calais’, ‘Ardennes de France’, ‘Limou-
      sin’, ‘Languedoc-Roussillon’ and ‘Lorraine’, the French Republic
      has failed to fulfil its obligations under Article 28 EC;                2.    Orders the Grand Duchy of Luxembourg to pay the costs.
2.    Orders the French Republic to pay the costs.
                                                                               (1 ) OJ C 180 of 27.7.2002.
( 1) OJ C 56 of 2.3.2002.