CELEX: C2001/173/06
Language: en
Date: 2001-06-16 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 1 February 2001 in Case C-237/99: Commission of the European Communities v French Republic, supported by United Kingdom of Great Britain and Northern Ireland (Failure by a Member State to fulfil obligations — Directive 93/37/EEC — Public works contracts — Concept of "contracting authority")

C 173/4                   EN                     Official Journal of the European Communities                                          16.6.2001
1.    Where an examination of goods has been ordered by the                 of: A. La Pergola, President of the Chamber, M. Wathelet,
      customs authority for the purposes of verifying a declaration         D.A.O. Edward, P. Jann (Rapporteur) and L. Sevón, Judges;
      which has been accepted and it has proved impossible to carry         J. Mischo, Advocate General; R. Grass, Registrar, has given a
      out the examination because the goods have been removed from          judgment on 1 February 2001, in which it:
      the place of temporary storage without the authorisation of the
      relevant customs authority, the customs debt on importation is        1.    Declares that, since the public management and construction
      incurred under Article 203(1) of Council Regulation (EEC)                   entities of Val-de-Marne and Paris and the low-rent housing
      No 2913/92 of 12 October 1992 establishing the Community                    corporation Logirel did not publish contract notices in the
      Customs Code.                                                               Official Journal of the European Communities concerning
                                                                                  the public contracts announced by notices in the Bulletin
2.    It is possible for a customs debt on importation to be incurred             Officiel des Annonces des Marchés Publics of 7 and
      under Article 203(1) of Regulation No 2913/92 where                         16 February 1995 and the Moniteur des Travaux Publics et
      the customs declaration received by the customs office was                  du Bâtiment of 17 February 1995, the French Republic
      accompanied by technically correct certificates of origin corre-            has failed to fulfil its obligations under Council Directive
      sponding to Form A and where the zero preferential tariff                   93/37/EEC of 14 June 1993 concerning the coordination of
      applied to the goods covered by the declaration.                            procedures for the award of public works contracts, in particular
                                                                                  Article 11(2) thereof;
(1) OJ C 136 of 15.5.1999.                                                  2.    Orders the French Republic to pay the costs;
                                                                            3.    Orders the United Kingdom of Great Britain and Northern
                                                                                  Ireland to bear its own costs.
                                                                            (1) OJ C 246 of 28.8.1999.
                  JUDGMENT OF THE COURT
                            (Fifth Chamber)
                          of 1 February 2001                                                  JUDGMENT OF THE COURT
in Case C-237/99: Commission of the European Communi-                                                  (Fifth Chamber)
ties v French Republic, supported by United Kingdom of
             Great Britain and Northern Ireland (1)                                                  of 1 February 2001
(Failure by a Member State to fulfil obligations — Directive                in Case C-333/99: Commission of the European Communi-
93/37/EEC — Public works contracts — Concept of ‘con-                                             ties v French Republic (1)
                          tracting authority’)
                                                                            (Failure of a Member State to fulfil obligations — Com-
                            (2001/C 173/06)                                 munity system for the conservation and management of
                                                                            fishery resources — Control of fishing and related activities
                                                                            — Inspection of fishing vessels and monitoring of landings
                      (Language of the case: French)                        (Article 5 (2) of Regulation (EEC) No 170/83 and
                                                                            Article 1(1) of Regulation (EEC) No 2241/87) — Temporary
                                                                            prohibition of fishing activities (Article 11(2) of Regulation
(Provisional translation; the definitive translation will be published      No 2241/87) — Penal or administrative action against
                     in the European Court Reports)                         those responsible for infringing the Community rules on
                                                                            conservation and monitoring (Article 5(2) of Regulation
In Case C-237/99: Commission of the European Communities                       No 170/83 and Article 1(2) of Regulation No 2241/87))
(Agent: M. Nolin) v French Republic (Agents: K. Rispal-
Bellanger, F. Million and S. Pailler) supported by United                                              (2001/C 173/07)
Kingdom of Great Britain and Northern Ireland (Agent:
R.V. Magrill) — application for a declaration that, in the
context of various procedures, for the award of public                                           (Language of the case: French)
contracts for the construction of housing organised by public
development and construction entities and by low-rent hous-
ing corporations, the French Republic has failed to fulfil its              (Provisional translation; the definitive translation will be published
obligations under Council Directive 93/37/EEC of 14 June                                        in the European Court Reports)
1993 concerning the coordination of procedures for the award
of public works contracts (OJ 1993 L 199, p. 54), in particular             In Case C-333/99: Commission of the European Communities
Article 11(2) thereof — the Court (Fifth Chamber), composed                 (Agents: T. van Rijn and B. Mongin) v French Republic