CELEX: C2001/079/05
Language: en
Date: 2001-03-10 00:00:00
Title: Judgment of the Court (Third Chamber) of 23 November 2000 in Case C-320/99: Commission of the European Communities v French Republic (Failure by a Member State to fulfil its obligations — Directive 97/68/EC — Non-road mobile machinery — Emission of gaseous and particulate pollutants)

10.3.2001                 EN                      Official Journal of the European Communities                                                C 79/3
for the transmission of television signals (OJ 1995 L 281,                   communicating those provisions to the Commission, the
p. 51) or by not taking the measures necessary to comply                     French Republic has failed to fulfil its obligations under
therewith, the French Republic has failed to fulfil its obligations          that directive — the Court (Third Chamber), composed of:
under that directive — the Court (Third Chamber), composed                   C. Gulmann (Rapporteur), President of the Chamber, J.-P.
of: C. Gulmann (Rapporteur), President of the Chamber, J.-P.                 Puissochet and F. Macken, Judges; A. Saggio, Advocate General;
Puissochet and F. Macken, Judges; A. Saggio, Advocate General;               R. Grass, Registrar, has given a judgment on 23 November
R. Grass, Registrar, has given a judgment on 23 November                     2000, in which it:
2000, in which it:
                                                                             1.    Declares that, by failing to adopt within the prescribed period
1.    Declares that, by failing to adopt within the prescribed period              the laws, regulations and administrative provisions necessary to
      the laws, regulations and administrative provisions necessary to             comply with Directive 97/68/EC of the European Parliament
      comply with Directive 95/47/EC of the European Parliament                    and of the Council of 16 December 1997 on the approximation
      and of the Council of 24 October 1995 on the use of standards                of the laws of the Member States relating to measures against
      for the transmission of television signals, the French Republic              the emission of gaseous and particulate pollutants from
      has failed to fulfil its obligations under that directive;                   internal combustion engines to be installed in non-road mobile
                                                                                   machinery, the French Republic has failed to fulfil its obligations
2.    Orders the French Republic to pay the costs.                                 under that directive;
                                                                             2.    Orders the French Republic to pay the costs.
(1) OJ C 299 of 16.10.1999.
                                                                             (1) OJ C 299 of 16.10.1999.
                  JUDGMENT OF THE COURT
                                                                                               JUDGMENT OF THE COURT
                           (Third Chamber)
                                                                                                       (Fifth Chamber)
                        of 23 November 2000                                                        of 30 November 2000
in Case C-320/99: Commission of the European Communi-                        in Case C-436/98 (reference for a preliminary ruling from
                      ties v French Republic (1)                             the Supreme Court): HMIL Ltd v Minister for Agriculture,
                                                                                                    Food and Forestry (1)
(Failure by a Member State to fulfil its obligations —
Directive 97/68/EC — Non-road mobile machinery —                             (Agriculture — Common organisation of the markets —
        Emission of gaseous and particulate pollutants)                      Special export refunds and private storage aid for certain
                                                                                                          pieces of beef)
                             (2001/C 79/05)
                                                                                                         (2001/C 79/06)
                     (Language of the case: French)
                                                                                                 (Language of the case: English)
                                                                             In Case C-436/98: reference to the Court under Article 177 of
(Provisional translation; the definitive translation will be published
                                                                             the EC Treaty (now Article 234 EC) from the Supreme Court
                    in the European Court Reports)
                                                                             (Ireland), for a preliminary ruling in the proceedings pending
                                                                             before that court between HMIL Ltd and Minister for Agri-
In Case C-320/99: Commission of the European Communities                     culture, Food and Forestry — on the interpretation of Com-
(Agent: M. Nolin) v French Republic (Agents: K. Rispal-                      mission Regulation (EEC) No 1964/82 of 20 July 1982 laying
Bellanger and G. Taillandier) — application for a declaration                down the conditions for granting special export refunds on
that, by not adopting within the prescribed period the laws,                 certain cuts of boned meat of bovine animals (OJ 1982 L 212,
regulations and administrative provisions necessary to comply                p. 48, and the corrigendum at OJ 1982 L 273, p. 43), as
with Directive 97/68/EC of the European Parliament and of                    amended by Commission Regulation (EEC) No 3169/87 of
the Council of 16 December 1997 on the approximation of                      23 October 1987 amending Regulations (EEC) No 32/82,
the laws of the Member States relating to measures against the               (EEC) No 1964/82 and (EEC) No 74/84 in the matter of
emission of gaseous and particulate pollutants from internal                 customs export formalities for certain beef on which special
combustion engines to be installed in non-road mobile                        refunds are granted (OJ 1987 L 301, p. 21), and of Commission
machinery (OJ 1998 L 59, p. 1) or, in any event, by not                      Regulation (EEC) No 2675/88 of 29 August 1988 providing