CELEX: C2001/245/33
Language: en
Date: 2001-09-01 00:00:00
Title: Case C-287/01: Action brought on 19 July 2001 by the Commission of the European Communities against the French Republic

1.9.2001               EN                     Official Journal of the European Communities                                         C 245/19
—     Order the French Government to pay the costs.                      2001 by the Commission of the European Communities,
                                                                         represented by P. Nemitz and B. Mongin, acting as Agents.
Pleas in law and main arguments                                          The applicant claims that the Court should:
                                                                         —     Declare that, by failing to adopt and bring into force
Article 32 of Directive 98/10/EC provides that Member States                   within the prescribed period the laws, regulations and
are to bring into force within the prescribed period the laws,                 administrative provisions necessary to comply with
regulations and administrative provisions necessary to comply                  Directive 97/51/EC (1), the French Republic has failed to
with this Directive by 30 June 1998 and forthwith inform the                   fulfil its obligations under Article 3 of that directive and
Commission thereof.                                                            Article 249 EC; and
                                                                         —     Order the French Government to pay the costs.
There is no question but that the French authorities must
adopt the provisions necessary to comply with Article 6(3)
and (4) and Articles 10, 21 and 26 of the directive.                     Pleas in law and main arguments
                                                                         Article 3 of Directive 97/51/EC provides that Member States
(1) Directive 98/10/EC of the European Parliament and of the Council     are to bring into force within the prescribed period the laws,
    of 26 February 1998 on the application of open network               regulations and administrative provisions necessary to comply
    provision (ONP) to voice telephony and on universal service for      with this Directive by 31 December 1997 and forthwith
    telecommunications in a competitive environment (OJ 1998             inform the Commission thereof.
    L 101, p. 24).
                                                                         There is no question but that the French authorities must adopt
                                                                         the provisions necessary to comply with first subparagraph of
                                                                         the second indent in Article 4 and Articles 6(1) and (3)(a) and
                                                                         10(4) of Council Directive 92/44/EEC of 5 June 1992 on the
                                                                         application of open network provision to leased lines (2), as
Action brought on 19 July 2001 by the Commission of                      amended by Directive 97/51/EC.
 the European Communities against the French Republic
                                                                         The Commission has not yet been informed of any measures
                         (Case C-287/01)                                 adopted to that effect by the French authorities.
                        (2001/C 245/33)                                  (1) Directive 97/51/EC of the European Parliament and of the Council
                                                                             of 6 October 1997 amending Council Directives 90/387/EEC and
                                                                             92/44/EEC for the purpose of adaptation to a competitive
An action against French Republic was brought before the                     environment in telecommunications (OJ 1997 L 295, p. 23).
Court of Justice of the European Communities on 19 July                  (2) OJ L 165, 19.6.1992, p. 27.