CELEX: C2003/289/14
Language: en
Date: 2003-11-29 00:00:00
Title: Judgment of the Court (Second Chamber) of 16 October 2003 in Case C-307/02: Commission of the European Communities v French Republic (Failure of a Member State to fulfil obligations — Directive 2000/21/EC — Labelling of dangerous substances — Failure to transpose)

C 289/8                  EN                           Official Journal of the European Union                                            29.11.2003
      —    it is carried out under strictly supervised conditions and         gations under Article 3 of that directive, the Court (Second
           on a selective basis;                                              Chamber), composed of: R. Schintgen, President of the
                                                                              Chamber, V. Skouris and N. Colneric (Rapporteur), Judges;
      —    it applies only to certain birds in small numbers;                 C. Stix-Hackl, Advocate General; R. Grass, Registrar, has given
                                                                              a judgment on 16 October 2003, in which it:
      —    mention is made of:
           (a)    the species which are subject to the derogations;           1.    Declares that, by failing to adopt all the laws, regulations and
                                                                                    administrative measures necessary to comply with Commission
           (b) the means, arrangements or methods authorised for                    Directive 2000/21/EC of 25 April 2000 concerning the list
                  capture or killing;                                               of Community legislation referred to in the fifth indent of
                                                                                    Article 13(1) of Council Directive 67/548/EEC, the French
           (c)    the conditions of risk and the circumstances of time              Republic has failed to fulfil its obligations under Article 3 of
                  and place under which such derogations may be                     that directive;
                  granted;
                                                                              2.    Orders the French Republic to pay the costs.
           (d) the authority empowered to declare that the required
                  conditions obtain and to decide what means,
                  arrangements or methods may be used, within what            (1) OJ C 247 of 12.10.2002.
                  limits and by whom;
           (e)    the controls which will be carried out.
(1) OJ C 169 of 13.7.2002.
                                                                                                JUDGMENT OF THE COURT
                                                                                                        (Second Chamber)
                 JUDGMENT OF THE COURT
                                                                                                       of 16 October 2003
                         (Second Chamber)
                                                                              in Case C-325/02: Commission of the European Communi-
                        of 16 October 2003                                                ties v Grand Duchy of Luxembourg (1)
in Case C-307/02: Commission of the European Communi-                         (Failure of a Member State to fulfil obligations — Failure to
                     ties v French Republic (1)                                                 transpose Directive 98/81/EC)
(Failure of a Member State to fulfil obligations — Directive                                             (2003/C 289/15)
2000/21/EC — Labelling of dangerous substances — Failure
                             to transpose)
                                                                                                    (Language of the case: French)
                          (2003/C 289/14)
                                                                              (Provisional translation; the definitive translation will be published
                     (Language of the case: French)                                               in the European Court Reports)
(Provisional translation; the definitive translation will be published
                    in the European Court Reports)
                                                                              In Case C-325/02, Commission of the European Communities
                                                                              (Agents: U. Wölker and F. Simonetti) v Grand Duchy of
                                                                              Luxembourg (Agent: P. Gramegna): Application for a declar-
In Case C-307/02, Commission of the European Communities                      ation that, by transposing only part of Article 1 of and
(Agent: L. Ström) v French Republic (Agents: G. de Bergues                    Annexes IV and V to Council Directive 98/81/EC of 26 October
and D. Petrausch): Application for a declaration that, by failing             1998 amending Directive 90/219/EEC on the contained use
to adopt the laws, regulations and administrative provisions                  of genetically modified micro-organisms (OJ 1998 L 330,
necessary to comply with Commission Directive 2000/21/EC                      p. 13), the Grand Duchy of Luxembourg has failed to fulfil its
of 25 April 2000 concerning the list of Community legislation                 obligations under Article 2 of that directive, the Court
referred to in the fifth indent of Article 13(1) of Council                   (Second Chamber), composed of: R. Schintgen, President of
Directive 67/548/EEC (OJ 2000 L 103, p. 70), or in any                        the Chamber, V. Skouris and N. Colneric (Rapporteur), Judges;
event not immediately informing the Commission of those                       F.G. Jacobs, Advocate General; R. Grass, Registrar, has given a
provisions, the French Republic has failed to fulfil its obli-                judgment on 16 October 2003, in which it: