CELEX: C2001/173/07
Language: en
Date: 2001-06-16 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 1 February 2001 in Case C-333/99: Commission of the European Communities v French Republic (Failure of a Member State to fulfil obligations — Community system for the conservation and management of fishery resources — Control of fishing and related activities — Inspection of fishing vessels and monitoring of landings (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 No 2241/87) — Penal or administrative action against those responsible for infringing the Community rules on conservation and monitoring (Article 5(2) of Regulation No 170/83 and Article 1(2) of Regulation No 2241/87))

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
 ---pagebreak--- 16.6.2001             EN                    Official Journal of the European Communities                                            C 173/5
(Agents: K. Rispal-Bellanger and C. Vasak) — application for a               —     by failing to determine the appropriate detailed rules for
declaration that,                                                                  the utilisation of the quotas allocated to it for the
                                                                                   1988 and 1990 fishing years and by failing to ensure
                                                                                   compliance with the Community rules on the conservation
                                                                                   of species through adequate monitoring of fishing activities
                                                                                   and through appropriate inspection of the fishing fleet,
—    by failing to determine the appropriate detailed rules for                    actual landings and catch records for both the 1988 and
     the utilisation of the quotas allocated to it for the                         1990 fishing years;
     1988 and 1990 fishing years,
                                                                             —     by not provisionally prohibiting fishing by vessels flying
                                                                                   the French flag or registered in French territory in cases
                                                                                   where the catches made were deemed to have exhausted the
                                                                                   corresponding quota and, where relevant, by prohibiting
—    by failing to ensure compliance with the Community                            fishing after the corresponding quota had been largely
     rules on the conservation of species through adequate                         exceeded, in both the 1988 and 1990 fishing years;
     monitoring of fishing activities and through appropriate
     inspection of the fishing fleet, actual landings and catch                    and
     records for both the 1988 and 1990 fishing years,
                                                                             —     by failing, as regards the 1988 and 1990 fishing years,
                                                                                   to take penal or administrative action against any master
                                                                                   or other person responsible for fishing after imposition of
                                                                                   a fishing ban,
—    by not temporarily prohibiting, in both the 1988 and
     1990 fishing years, fishing by vessels flying the French                the French Republic has failed to fulfil its obligations under
     flag or registered in French territory at times when                    Article 5(2) of Council Regulation (EEC) No 170/83 of
     the catches made were deemed to have exhausted the                      25 January 1983 establishing a Community system for
     corresponding quota, and by finally prohibiting fishing at              the conservation and management of fishery resources, in
     a time when the corresponding quota had been largely                    conjunction with Article 1(1) of Council Regulation (EEC)
     exceeded,                                                               No 2241/87 of 23 July 1987 establishing certain control
                                                                             measures for fishing activities, under Article 11(2) of Regu-
                                                                             lation No 2241/87, and under Article 5(2) of Regulation
                                                                             No 170/83 in conjunction with Article 1(2) of Regulation
                                                                             No 2241/87;
     and
                                                                       2.    Orders the French Republic to pay the costs.
                                                                       (1) OJ C 333 of 20.11.1999.
—    by failing, for the 1988 and 1990 fishing years, to take
     penal or administrative action against any master or other
     person responsible for fishing after a prohibition had
     been imposed,
                                                                                         JUDGMENT OF THE COURT
                                                                                                  (Fifth Chamber)
                                                                                                of 8 February 2001
the French Republic has failed to fulfil its obligations under
                                                                       in Case C-350/99 (reference for a preliminary ruling from
Article 5(2) of Council Regulation (EEC) No 170/83 of
                                                                       the Arbeitsgericht Bremen, Germany): Wolfgang Lange v
25 January 1983 establishing a Community system for the
                                                                                         Georg Schünemann GmbH (1)
conservation and management of fishery resources (OJ 1983
L 24, p. 1), in conjunction with Article 1(1) of Council               (Council Directive 91/533/EEC of 14 October 1991 on an
Regulation (EEC) No 2241/87 of 23 July 1987 establishing               employer’s obligation to inform employees of the conditions
certain control measures for fishing activities (OJ 1987 L 207,        applicable to the contract or employment relationship —
p. 1), under Article 11(2) of Regulation No 2241/87, and               Length of normal daily or weekly work — Rules on overtime
under Article 5(2) of Regulation No 170/83 in conjunction                                       — Rules of evidence)
with Article 1(2) of Regulation No 2241/87 — the Court (Fifth
Chamber), composed of: A. La Pergola, President of the                                            (2001/C 173/08)
Chamber, M. Wathelet, D.A.O. Edward (Rapporteur), P. Jann
and L. Sevón, Judges; S. Alber, Advocate General; R. Grass,
                                                                                           (Language of the case: German)
Registrar, has given a judgment on 1 February 2001, in which
it:
                                                                       (Provisional translation; the definitive translation will be published
                                                                                           in the European Court Reports)
                                                                       In Case C-350/99: reference to the Court under Article 177 of
1.   Declares that:                                                    the EC Treaty (now Article 234 EC) from the Arbeitsgericht