CELEX: C2003/083/09
Language: en
Date: 2003-04-05 00:00:00
Title: Judgment of the Court (Second Chamber) of 13 February 2003 in Case C-85/02: Commission of the European Communities v French Republic (Failure by a Member State to fulfil its obligations — Failure to implement Directive 91/439/EC)

5.4.2003                EN                           Official Journal of the European Union                                                   C 83/5
                 JUDGMENT OF THE COURT                                       involvement of a court, once the accused has fulfilled certain
                                                                             obligations and, in particular, has paid a certain sum of money
                                                                             determined by the Public Prosecutor.
                       of 11 February 2003
                                                                             (1 ) OJ C 212 of 28.7.2001, OJ C 348 of 8.12.2001.
In Joined Cases C-187/01 and C-385/01 (Reference for a
preliminary ruling from the Oberlandesgerich Köln and
Rechtbank van eerste aanleg te Veurne): Hüseyin Gözütok
         (C-187/01) and Klaus Brügge (C-385/01) (1)
(Convention implementing the Schengen Agreement — Ne                                           JUDGMENT OF THE COURT
bis in idem principle — Scope — Decisions by which the
Public Prosecutor definitively discontinues criminal proceed-
                                                                                                       (Second Chamber)
ings, without the involvement of a court, once the accused
                 has satisfied certain conditions)
                                                                                                      of 13 February 2003
                          (2003/C 83/08)                                     in Case C-85/02: Commission of the European Communi-
                                                                                                   ties v French Republic ( 1)
             (Languages of the case: German and Dutch)
                                                                             (Failure by a Member State to fulfil its obligations — Failure
                                                                                            to implement Directive 91/439/EC)
(Provisional translation; the definitive translation will be published
                   in the European Court Reports)                                                        (2003/C 83/09)
                                                                                                  (Language of the case: French)
                                                                             (Provisional translation; the definitive translation will be published
In Joined Cases C-187/01 and C-385/01: References to the                                         in the European Court Reports)
Court under Article 35 EU by the Oberlandesgericht Köln
(Germany) and the Rechtbank van eerste aanleg te Veurne
(Belgium) for a preliminary ruling in the criminal proceedings
before those courts against Hüseyin Gözütok (C-187/01) and                   In Case C-85/02, Commission of the European Communities
Klaus Brügge (C-385/01), on the interpretation of Article 54                 (Agent: M. Wolfcarius) v French Republic (Agents: G. de
of the Convention implementing the Schengen Agreement of                     Bergues and S. Pailler): Application for a declaration that, by
14 June 1985 between the Governments of the States of the                    failing to adopt the laws, regulations and administrative
Benelux Economic Union, the Federal Republic of Germany                      provisions to implement point 12 of Annex II to Council
and the French Republic on the gradual abolition of checks at                Directive 91/439/EEC of 29 July 1991 on driving licences (OJ
their common borders (OJ 2000 L 239, p. 19), signed on                       1991 L 237, p. 1), and in any event by failing to notify the
19 June 1990 at Schengen (Luxembourg), the Court, composed                   Commission of such provisions, the French Republic has failed
of: G.C. Rodríguez Iglesias, President, J.-P. Puissochet,                    to fulfil its obligations under that directive, the Court (Second
M. Wathelet, R. Schintgen (Rapporteur) and C.W.A. Timmer-                    Chamber), composed of: R. Schintgen (Rapporteur), President
mans (Presidents of Chambers), C. Gulmann, A. La Pergola,                    of the Chamber, V. Skouris and N. Colneric, Judges; F.G. Jacobs,
P. Jann, V. Skouris, F. Macken, N. Colneric, S. von Bahr                     Advocate General; R. Grass, Registrar, has given a judgment
and J.N. Cunha Rodrigues, Judges; D. Ruiz-Jarabo Colomer,                    on 13 February 2003, in which it:
Advocate General; H.A. Rühl, Principal Administrator, for the
Registrar, has given a judgment on 11 February 2003, in
which it has ruled:                                                          1.    Declares that, by failing to adopt the laws, regulations and
                                                                                   administrative provisions necessary to comply with point 12 of
                                                                                   Annex II to Council Directive 91/439/EEC of 29 July 1991
                                                                                   on driving licences within the prescribed period, the French
The ne bis in idem principle, laid down in Article 54 of the
                                                                                   Republic has failed to fulfil its obligations under that directive.
Convention implementing the Schengen Agreement of 14 June 1985
between the Governments of the States of the Benelux Economic
Union, the Federal Republic of Germany and the French Republic on            2.    Orders the French Republic to pay the costs.
the gradual abolition of checks at their common borders, signed on
19 June 1990 at Schengen, also applies to procedures whereby
                                                                             (1 ) OJ C 97 of 20.4.2002.
further prosecution is barred, such as the procedures at issue in the
main actions, by which the Public Prosecutor of a Member State
discontinues criminal proceedings brought in that State, without the