CELEX: C2002/289/06
Language: en
Date: 2002-11-23 00:00:00
Title: Judgment of the Court (Third Chamber) of 26 September 2002 in Case C-351/01: Commission of the European Communities v French Republic (Failure by a Member State to fulfil its obligations — Directive 98/5/EC — Practice of the profession of lawyer on a permanent basis in a Member State other than that in which the qualification was acquired)

C 289/4                  EN                        Official Journal of the European Communities                                        23.11.2002
                  JUDGMENT OF THE COURT                                                        JUDGMENT OF THE COURT
                           (Third Chamber)
                                                                                                        (Fifth Chamber)
                        of 26 September 2002
                                                                                                      of 3 October 2002
in Case C-351/01: Commission of the European Communi-
                      ties v French Republic ( 1)
                                                                              in Case C-394/01: French Republic v Commission of the
                                                                                                 European Communities (1)
(Failure by a Member State to fulfil its obligations —
Directive 98/5/EC — Practice of the profession of lawyer on
a permanent basis in a Member State other than that in                        (State aid — Development assistance — Cruise vessel Le
              which the qualification was acquired)
                                                                              Levant operating in Saint-Pierre-et-Miquelon — Action
                                                                              for annulment of the Commission decision on State aid
                                                                                           implemented by the French Republic)
                            (2002/C 289/06)
                     (Language of the case: French)                                                     (2002/C 289/07)
(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-351/01, Commission of the European Communities
(Agent: M. Patakia) v French Republic (Agents: G. de Bergues
and C. Bergeot-Nunes): Application for a declaration that, by
failing to adopt the laws, regulations and administrative
provisions necessary to comply with Directive 98/5/EC of the
European Parliament and of the Council of 16 February 1998                    In Case C-394/01, French Republic (Agents: G. de Bergues and
to facilitate practice of the profession of lawyer on a permanent
                                                                              F. Million) v Commission of the European Communities
basis in a Member State other than that in which the                          (Agent: G. Rozet): Application for annulment of Commission
qualification was obtained (OJ 1998 L 77, p. 36), the French
                                                                              Decision 2001/882/EC of 25 July 2001 on the State aid
Republic has failed to fulfil its obligations under that directive,
                                                                              implemented by France in the form of development assistance
the Court (Third Chamber), composed of: F. Macken, President                  for the cruise vessel Le Levant, built by Alstom Leroux Naval
of the Chamber, C. Gulmann (Rapporteur) and J.-P. Puissochet,
                                                                              for operation in Saint-Pierre-et-Miquelon (OJ 2001 L 327,
Judges; S. Alber, Advocate General; R. Grass, Registrar, has                  p. 37), the Court (Fifth Chamber), composed of: P. Jann,
given a judgment on 26 September 2002, in which it:
                                                                              President of the Chamber, S. von Bahr (Rapporteur), M. Wathe-
                                                                              let, C.W.A. Timmermans and A. Rosas, Judges; J. Mischo,
                                                                              Advocate General; R. Grass, Registrar, has given a judgment
1.    Declares that, by failing to adopt the laws, regulations and            on 3 October 2002, in which it:
      administrative provisions necessary to comply with Direc-
      tive 98/5/EC of the European Parliament and of the Council of
      16 February 1998 to facilitate practice of the profession of
      lawyer on a permanent basis in a Member State other than that           1.    Dismisses the application;
      in which the qualification was obtained, the French Republic
      has failed to fulfil its obligations under that directive;
                                                                              2.    Orders the French Republic to pay the costs.
2.    Orders the French Republic to pay the costs.
                                                                              (1 ) OJ C 369 of 22.12.2001.
( 1) OJ C 317 of 10.11.2001.