CELEX: C2001/317/13
Language: en
Date: 2001-11-10 00:00:00
Title: Judgment of the Court (First Chamber) of 4 October 2001 in Case C-450/00: Commission of the European Communities v Grand Duchy of Luxembourg (Failure by a Member State to fulfil its obligations — Non-incorporation of Directive 95/46/EC)

C 317/8                   EN                     Official Journal of the European Communities                                            10.11.2001
                  JUDGMENT OF THE COURT                                                        JUDGMENT OF THE COURT
                           (First Chamber)                                                              (Third Chamber)
                                                                                                    of 20 September 2001
                          of 4 October 2001
                                                                            in Case C-468/00: Commission of the European Communi-
in Case C-450/00: Commission of the European Communi-                                              ties v French Republic (1)
             ties v Grand Duchy of Luxembourg (1)
                                                                            (Failure by a Member State to fulfil its obligations —
(Failure by a Member State to fulfil its obligations — Non-                 Directive 96/50/EC — Carriage of goods and passengers in
               incorporation of Directive 95/46/EC)                         the Community — Harmonisation of the conditions for
                                                                            obtaining national boatmasters’ certificates for inland water-
                                                                             ways — Non-implementation within the prescribed period)
                            (2001/C 317/13)
                                                                                                         (2001/C 317/14)
                      (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-450/00: Commission of the European Communities
(Agent: X. Lewis) v Grand Duchy of Luxembourg (Agent:                       In Case C-468/00: Commission of the European Communities
N. Mackel) — application for declaration that, by failing to                (Agent: B. Mongin) v French Republic (Agents: G. de Bergues
bring into force, within the prescribed period, the laws,                   and S. Pailler) — application for a declaration that, by failing
regulations and administrative provisions necessary to comply               to adopt the laws, regulations and administrative measures
with Directive 95/46/EC of the European Parliament and of                   necessary to comply with Council Directive 96/50/EC of
the Council of 24 October 1995 on the protection of                         23 July 1996 on the harmonisation of the conditions for
individuals with regard to the processing of personal data and              obtaining national boatmasters’ certificates for the carriage of
on the free movement of such data (OJ 1995 L 281, p. 31),                   goods and passengers by inland waterways in the Community
the Grand Duchy of Luxembourg has failed to fulfil its                      (OJ 1996 L 235, p. 31), or, in any event, by not notifying them
obligations under Article 32 of that Directive — the Court                  to the Commission, the French Republic has failed to fulfil its
(First Chamber), composed of: M. Wathelet (Rapporteur),                     obligations under that directive — the Court (Third Chamber),
President of the Chamber, P. Jann and L. Sevón, Judges;                    composed of: C. Gulmann, President of the Chamber,
S. Alber, Advocate General; R. Grass, Registrar, has given a                J.-P. Puissochet and J.N. Cunha Rodrigues (Rapporteur), Judges;
judgment on 4 October 2001, in which it:                                    C. Stix-Hackl, Advocate General; R. Grass, Registrar, has given
                                                                            a judgment on 20 September 2001, in which it:
1.    Declares that, by failing to adopt, within the prescribed period,
      all the laws, regulations and administrative provisions necessary     1.     Declares that, by failing to adopt, within the prescribed period,
      to comply with Directive 95/46/EC of the European Parliament                 the laws, regulations and administrative measures necessary to
      and of the Council of 24 October 1995 on the protection of                   comply with Council Directive 96/50/EC of 23 July 1996 on
      individuals with regard to the processing of personal data and               the harmonisation of the conditions for obtaining national
      on the free movement of such data, the Grand Duchy of                        boatmasters’ certificates for the carriage of goods and passengers
      Luxembourg has failed to fulfil its obligations under Article 32             by inland waterways in the Community, the French Republic
      of that directive;                                                           has failed to fulfil its obligations under that directive;
2.    Orders the Grand Duchy of Luxembourg to pay the costs.                2.     Orders the French Republic to pay the costs.
(1) OJ C 45 of 10.2.2001.                                                   (1) OJ C 45 of 10.2.2001.