CELEX: C2001/173/29
Language: en
Date: 2001-06-16 00:00:00
Title: Judgment of the Court (Fourth Chamber) of 8 March 2001 in Case C-97/00: Commission of the European Communities v French Republic (Failure of a Member State to fulfil its obligations — Failure to transpose Directive 97/52/EC)

16.6.2001                 EN                     Official Journal of the European Communities                                            C 173/17
National legislation such as Article C.11.1(1) of the Besluit radio-        1.    Declares that, by failing to adopt, within the prescribed periods,
elektrische inrichtingen, which prohibits commercial advertising for              all the laws, regulations and administrative provisions necessary
transmitting equipment of a non-approved type, does not constitute,               to comply with the provisions referred to in the first subpara-
for the purposes of Council Directive 83/189/EEC of 28 March                      graph of Article 4(1) of Council Directive 96/43/EC of 26 June
1983 laying down a procedure for the provision of information in                  1996 amending and consolidating Directive 85/73/EEC in
the field of technical standards and regulations, a technical regulation          order to ensure financing of veterinary inspections and controls
which should have been notified to the Commission prior to its                    on live animals and certain animal products and amending
adoption.                                                                         Directives 90/675/EEC and 91/496/EEC, the Federal Repub-
                                                                                  lic of Germany has failed to fulfil its obligations under that
                                                                                  subparagraph;
(1) OJ C 265 of 18.9.1999.
                                                                            2.    Dismisses the remainder of the action;
                                                                            3.    Orders the Federal Republic of Germany to pay the costs.
                                                                            (1) OJ C 299 of 16.10.1999.
                   JUDGMENT OF THE COURT
                            (First Chamber)                                                    JUDGMENT OF THE COURT
                           of 8 March 2001                                                            (Fourth Chamber)
                                                                                                       of 8 March 2001
in Case C-316/99: Commission of the European Communi-
              ties v Federal Republic of Germany(1)
                                                                            in Case C-97/00: Commission of the European Communi-
                                                                                                  ties v French Republic (1)
(Failure by a Member State to fulfil its obligations —
Directive 96/43/EC — Failure to transpose within the                        (Failure of a Member State to fulfil its obligations — Failure
                           prescribed period)                                                to transpose Directive 97/52/EC)
                            (2001/C 173/28)                                                             (2001/C 173/29)
                                                                                                  (Language of the case: French)
                    (Language of the case: German)
                                                                            (Provisional translation; the definitive translation will be published
                                                                                                 in the European Court Reports)
(Provisional translation; the definitive translation will be published
                     in the European Court Reports)
                                                                            In Case C-97/00: Commission of the European Communities
                                                                            (Agent: M. Nolin) v French Republic (Agents: K. Rispal-
In Case C-316/99: Commission of the European Communities                    Bellanger and S. Pailler) — application for a declaration
(Agent: K.-D. Borchardt) v Federal Republic of Germany                      that, by failing to communicate the laws, regulations and
(Agents: W.-D. Plessing and C.-D. Quassowski) — application                 administrative provisions necessary to comply with all the
for declaration that, by failing to adopt within the prescribed             provisions of European Parliament and Council Directive
period all the measures necessary to comply with Council                    97/52/EC of 13 October 1997 amending Directives
Directive 96/43/EC of 26 June 1996 amending and consolidat-                 92/50/EEC, 93/36/EEC and 93/37/EEC concerning the coordi-
ing Directive 85/73/EEC in order to ensure financing of the                 nation of procedures for the award of public service contracts,
veterinary inspections and controls on live animals and certain             public supply contracts and public works contracts respectively
animal products and amending Directives 90/675/EEC and                      (OJ 1997 L 328, p. 1), or by failing to adopt the measures
91/496/EEC (OJ 1996 L 162, p. 1), the Federal Republic of                   necessary to comply therewith, the French Republic has failed
Germany has failed to fulfil its obligations under the EC Treaty            to fulfil its obligations under that directive — the Court (Fourth
and that directive — the Court (First Chamber), composed of:                Chamber), composed of: A. La Pergola, President of the
M. Wathelet, President of the Chamber, P. Jann (Rapporteur)                 Chamber, D.A.O. Edward and S. von Bahr (Rapporteur),
and L. Sevón, Judges; A. Tizzano, Advocate General; R. Grass,              Judges; J. Mischo, Advocate General; R. Grass, Registrar, has
Registrar, has given a judgment on 8 March 2001, in which it:               given a judgment on 8 March 2001, in which it:
 ---pagebreak--- C 173/18                  EN                     Official Journal of the European Communities                                          16.6.2001
1.     Declares that, by failing to adopt, within the prescribed period,    1.    Declares that, by failing to adopt all the laws, regulations and
       the laws, regulations and administrative provisions necessary to           administrative provisions necessary in order to comply with the
       comply with European Parliament and Council Directive                      obligations laid down in Article 5(4) and (6), and
       97/52/EC of 13 October 1997 amending Directives                            Article 10(1), in conjunction with Annex II A, Annex III 1,
       92/50/EEC, 93/36/EEC and 93/37/EEC concerning the                          point 3, and Annex V 4(e), to Council Directive 91/676/EEC
       coordination of procedures for the award of public service                 of 12 December 1991 concerning the protection of waters
       contracts, public supply contracts and public works contracts              against pollution caused by nitrates from agricultural sources,
       respectively, the French Republic has failed to fulfil its obli-           the Grand Duchy of Luxembourg has failed to fulfil its
       gations under that directive;                                              obligations under that directive;
2.     Orders the French Republic to pay the costs.                         2.    Orders the Grand Duchy of Luxembourg to pay the costs.
                                                                            (1) OJ C 247 of 26.8.2000.
(1) OJ C 176 of 24.6.2000.
                                                                                             JUDGMENT OF THE COURT
                   JUDGMENT OF THE COURT
                                                                                                    of 13 March 2001
                           (Third Chamber)
                                                                            in Case C-379/98 (reference for a preliminary ruling from
                                                                            the Landgericht Kiel, Germany): PreussenElektra AG v
                           of 8 March 2001                                                           Schleswag AG (1)
in Case C-266/00: Commission of the European Communi-                       (Electricity — Renewable sources of energy — National
             ties v Grand Duchy of Luxembourg (1)                           legislation requiring electricity supply undertakings to pur-
                                                                            chase electricity at minimum prices and apportioning the
                                                                            resulting costs between those undertakings and upstream
(Failure by a Member State to fulfil its obligations —                      network operators — State aid — Compatibility with the
                        Directive 91/676/EEC)                                                    free movement of goods)
                            (2001/C 173/30)                                                           (2001/C 173/31)
                      (Language of the case: French)                                           (Language of the case: German)
(Provisional translation; the definitive translation will be published      (Provisional translation; the definitive translation will be published
                     in the European Court Reports)                                            in the European Court Reports)
In Case C-266/00: Commission of the European Communities                    In Case C-379/98: reference to the Court under Article 177 of
(Agents: M. Nolin) v Grand Duchy of Luxembourg (Agents:                     the EC Treaty (now Article 234 EC) from the Landgericht Kiel,
P. Steinmetz) — application for a declaration that, by failing              Germany, for a preliminary ruling in the proceedings pending
to adopt all the laws, regulations and administrative provisions            before that court between PreussenElektra AG and Schleswag
necessary to comply with Article 5(4) and (6) and Article 10(1),            AG in the presence of Windpark Reussenköge III GmbH and
in conjunction with Annex II A, Annex III 1, point 3, and                   Land Schleswig-Holstein — on the interpretation of Article 30
Annex V 4(e) to Council Directive 91/676/EEC of 12 December                 of the EC Treaty (now, after amendment, Article 28 EC),
1991 concerning the protection of waters against pollution                  Article 92 of the EC Treaty (now, after amendment, Article 87
caused by nitrates from agricultural sources (OJ 1991 L 375,                EC) and Article 93(3) of the EC Treaty (now Article 88(3) EC),
p. 1), the Grand Duchy of Luxembourg has failed to fulfil its               — the Court, composed of: G.C. Rodriguez Iglesias, President,
obligations under that directive — the Court (Third Chamber),               C. Gulmann, M. Wathelet and V. Skouris (Presidents of
composed of: C. Gulmann, President of the Chamber,                          Chambers), D.A.O. Edward, J.-P. Puissochet, P. Jann, L. Sevón
J.-P. Puissochet and F. Macken (Rapporteur), Judges; L.A. Geel-             and R. Schintgen (Rapporteur), Judges; F.G. Jacobs, Advocate
hoed, Advocate General; R. Grass, Registrar, has given a                    General; H.A. Rühl, Principal Administrator, for the Registrar,
judgment on 8 March 2001, in which it:                                      has given a judgment on 13 March 2001, in which it has ruled: