CELEX: C2003/070/30
Language: en
Date: 2003-03-22 00:00:00
Title: Case C-66/03: Action brought on 14 February 2003 by the Commission of the European Communities against the French Republic

22.3.2003                EN                           Official Journal of the European Union                                          C 70/19
Rennes, Septième Chambre (Court of Appeal, Rennes, Seventh                    Action brought on 14 February 2003 by the Commission
Chamber) of 5 February 2003, received at the Court Registry                   of the European Communities against the French Republic
on 10 February 2003, for a preliminary ruling in the case
of Alain Rousseau against Association Comité Économique                                                (Case C-66/03)
Régional Fruits et Légumes de Bretagne (CERAFEL) on the
following questions:                                                                                   (2003/C 70/30)
                                                                              An action against the French Republic was brought before the
                                                                              Court of Justice of the European Communities on 14 February
In view of the provisions of Article 3 of Council Regulation                  2003 by the Commission of the European Communities,
No 2092/91 of 24 June 1991 (1), where a Member State                          represented by N. Yerrell, acting as Agent, with an address for
applies the provisions of Article 15b(1) and (8) of Council                   service in Luxembourg.
Regulation No 1035/72 of 18 May 1972 (2) by making certain
production and marketing rules mandatory for producers                        The Commission claims that the Court should:
established within the area of an economic committee who do
not belong to it and by making them liable for all or part of                 (a)   declare that by failing to bring into force and/or inform
the membership fees paid by producers who do belong to it,                          the Commission of the laws, regulations and administrat-
is it admissible and well founded for a farmer engaged in                           ive provisions necessary to comply with Commission
organic farming to invoke the principle of non-discrimination                       Directive 2000/39/EC of 8 June 2000 establishing a first
on the ground, in particular, that the rules prescribed by the                      list of indicative occupational exposure limit values in
economic committee in respect of market withdrawal render                           implementation of Council Directive 98/24/EC on the
its activity of little or no interest to him.                                       protection of the health and safety of workers from the
                                                                                    risks related to chemical agents at work (1) the French
                                                                                    Republic has failed to fulfil its obligations under the EC
                                                                                    Treaty, and
( 1) Council Regulation (EEC) No 2092/91 of 24 June 1991 on
     organic production of agricultural products and indications              (b)   order the French Republic to pay the costs of the
     referring thereto on agricultural products and foodstuffs (OJ L 198            proceedings.
     of 22.07.1991, p. 1).
( 2) Regulation (EEC) No 1035/72 of the Council of 18 May 1972 on
     the common organization of the market in fruit and vegetables            Pleas in law and main arguments
     (OJ L 118 of 20.05.1972, p. 1).
                                                                              The period prescribed for implementation ended on 31 Decem-
                                                                              ber 2001.
                                                                              (1 ) OJ L 142, 16.06.2000, p. 47.