CELEX: C2001/150/12
Language: en
Date: 2001-05-19 00:00:00
Title: Judgment of the Court (Fourth Chamber) of 18 January 2001 in Case C-151/00: Commission of the European Communities v French Republic (Failure by a Member State to fulfil its obligations — Directive 97/66/EC — Processing of personal data and protection of privacy in the telecommunications sector — Non-transposition)

19.5.2001                 EN                     Official Journal of the European Communities                                              C 150/7
1.      Declares that, by failing to bring into force all of the laws,      1.    Declares that, by failing to bring into force within the prescribed
      regulations and administrative provisions necessary to comply               period the national measures transposing Articles 4(2), 6(1),
      with Articles 8(3) and 9(2) of Directive 97/13/EC of the                    (3) and (4), 7, 8(2), (3), (4) and (6), 11(2) and 12 of
      European Parliament and of the Council of 10 April 1997 on                  Directive 97/66/EC of the European Parliament and of the
      a common framework for general authorisations and individual                Council of 15 December 1997 concerning the processing of
      licences in the field of telecommunications services, the Grand             personal data and the protection of privacy in the telecommuni-
      Duchy of Luxembourg has failed to fulfil its obligations under              cations sector, the French Republic has failed to fulfil its
      that directive;                                                             obligations under Article 15 of that directive;
2.     Orders the Grand Duchy of Luxembourg to bear the costs.              2.    Orders the French Republic to pay the costs.
                                                                            (1) OJ C 192 of 8.07.2000.
(1) OJ C 34 of 5.02.2000.
                                                                                             JUDGMENT OF THE COURT
                  JUDGMENT OF THE COURT
                                                                                                      (Sixth Chamber)
                           (Fourth Chamber)                                                         of 25 January 2001
                          of 18 January 2001                                in Case C-429/97: Commission of the European Communi-
                                                                                                 ties v French Republic (1)
in Case C-151/00: Commission of the European Communi-
                       ties v French Republic (1)                           (Failure by a Member State to fulfil its obligations — VAT
                                                                            — Eighth Directive — Refund of VAT paid in another
                                                                            Member State — Sixth Directive — Place of supply —
(Failure by a Member State to fulfil its obligations —                      Services relating to the collection, sorting, transport and
Directive 97/66/EC — Processing of personal data and                                                  disposal of waste)
protection of privacy in the telecommunications sector —
                           Non-transposition)
                                                                                                      (2001/C 150/13)
                            (2001/C 150/12)
                                                                                                (Language of the case: French)
                      (Language of the case: French)
                                                                            (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-429/97: Commission of the European Communities
                                                                            (Agents: H. Michard and E. Traversa) v French Republic
                                                                            (Agents: initially by K. Rispal-Bellanger and G. Mignot, then by
In Case C-151/00: Commission of the European Communities                    K. Rispal-Bellanger and S. Seam,) — application for a declar-
(Agent: B. Mongin) v French Republic (Agents: K. Rispal-                    ation that, by refusing to refund value added tax to taxable
Bellanger and A. Lercher) — application for a declaration that,             persons not established in France, in cases where those taxable
by failing to bring into force and to communicate to the                    persons had subcontracted part of their work to a taxable
Commission within the prescribed period the national                        person established in France, the French Republic has failed
measures transposing Articles 4(2), 6(1), (3) and (4), 7, 8(2),             to fulfil its obligations under the Eighth Council Directive
(3), (4) and (6), 11(2) and 12 of Directive 97/66/EC of the                 79/1072/EEC of 6 December 1979 on the harmonisation of
European Parliament and of the Council of 15 December 1997                  the laws of the Member States relating to turnover taxes —
concerning the processing of personal data and the protection               Arrangements for the refund of value added tax to taxable
of privacy in the telecommunications sector (OJ 1998 L 24,                  persons not established in the territory of the country (OJ
p. 1), the French Republic has failed to fulfil its obligations             1979 L 331, p. 11), in particular Article 2 thereof — the Court
under Article 15 of that directive — the Court (Fourth                      (Sixth Chamber), composed of: C. Gulmann, President of the
Chamber), composed of: A. La Pergola, President of the                      Chamber, V. Skouris (Rapporteur) and J.-P. Puissochet, Judges;
Chamber, D.A.O. Edward (Rapporteur) and S. von Bahr, Judges;                N. Fennelly, Advocate General; L. Hewlett, Administrator, for
S. Alber, Advocate General; R. Grass, Registrar, has given a                the Registrar, has given a judgment on 25 January 2001, in
judgment on 18 January 2001, in which it:                                   which it: