CELEX: C1999/204/31
Language: en
Date: 1999-07-17 00:00:00
Title: Judgment of the Court (Fourth Chamber) of 20 May 1999 in Case C-185/98: Commission of the European Communities v Hellenic Republic (Failure by a Member State to fulfil obligations - Failure to transpose Directive 92/101/EEC)

C 204/16                  EN                     Official Journal of the European Communities                                          17.7.1999
                 JUDGMENT OF THE COURT                                                          JUDGMENT OF THE COURT
                            (Sixth Chamber)                                                            (Fourth Chamber)
                             of 19 May 1999
                                                                                                         of 20 May 1999
in Case C-225/97: Commission of the European Communi-
                      ties v French Republic (1)                            in Case C-185/98: Commission of the European Communi-
                                                                                                  ties v Hellenic Republic (1)
(Failure of a Member State to fulfil obligations — Freedom
to provide services — Public procurement procedures —                       (Failure by a Member State to fulfil obligations — Failure to
  Water, energy, transport and telecommunications sectors)                                    transpose Directive 92/101/EEC)
                            (1999/C 204/30)
                                                                                                         (1999/C 204/31)
                     (Language of the case: French)
                                                                                                   (Language of the case: Greek)
(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-225/97: Commission of the European Communities
(Agent: Hendrik van Lier) v French Republic (Agents: Kareen
Rispal-Bellanger and Philippe Lalliot) — application for a                  In Case C-185/98: Commission of the European Communities
declaration that, by not adopting all the measures necessary to             (Agent: Maria Patakia) v Hellenic Republic (Agents: Aikaterini
comply with Council Directive 92/13/EEC of 25 February                      Samoni-Rantou and Nana Dafniou) — application for a
1992 coordinating the laws, regulations and administrative                  declaration that, by failing to adopt and, in the alternative, by
provisions relating to the application of Community rules on                failing to communicate to the Commission, within the period
the procurement procedures of entities operating in the water,              prescribed, the laws, regulations and administrative provisions
energy, transport and telecommunications sectors (OJ 1992 L                 necessary to comply with Council Directive 92/101/EEC of
76, p. 14), the French Republic has failed to fulfil its obligations        23 November 1992 amending Directive 77/91/EEC on the
under Articles 1(2), 2(1)(c) and 2(5) of that Directive, and                formation of public limited liability companies and the main-
under Chapters 2 and 4 thereof — the Court (Sixth Chamber),                 tenance and alteration of their capital (OJ 1992 L 347 p. 64),
composed of: P.J.G. Kapteyn (Rapporteur), President of the                  the Hellenic Republic has failed to fulfil its obligations under
Chamber, G. Hirsch and G.F. Mancini, Judges; A. La Pergola,                 the EC Treaty and that directive — the Court (Fourth Chamber),
Advocate General; L. Hewlett, Administrator, for the Registrar,             composed of: P.J.G. Kapteyn (Rapporteur), President of the
has given a judgment on 19 May 1999, in which it:                           Chamber, J.L. Murray and H. Ragnemalm, Judges; J. Mischo,
                                                                            Advocate General; R. Grass, Registrar, has given a judgment
                                                                            on 20 May 1999, in which it:
1. Declares that, by not adopting within the prescribed period all
    the measures necessary to comply with the provisions of Chapters
    2 and 4 of Council Directive 92/13/EEC of 25 February 1992              1. Declares that, by failing to adopt, within the period prescribed,
    coordinating the laws, regulations and administrative provisions             the laws, regulations and administrative provisions necessary to
    relating to the application of Community rules on the procure-               comply with Council Directive 92/101/EEC of 23 November
    ment procedures of entities operating in the water, energy,                  1992 amending Directive 77/91/EEC on the formation of
    transport and telecommunications sectors, the French Republic                public limited-liability companies and the maintenance and
    has failed to fulfil its obligations under Article 13(1) thereof;            alteration of their capital, the Hellenic Republic has failed to
                                                                                 fulfil its obligations under that directive;
2. Rejects the remainder of the application;
                                                                            2. Orders the Hellenic Republic to pay the costs.
3. Orders each of the parties to bear its own costs.
                                                                            (1) OJ C 209 of 4.7.1998.
(1) OJ C 252 of 16.8.1997.