This document is an excerpt from the EUR-Lex website
Document C2004/228/29
Judgment of the Court (Fourth Chamber) of 15 July 2004 in Case C-419/03: Commission of the European Communities against French Republic (Failure of a Member State to fulfil its obligations — Partial failure to transpose — Burden of proof — Directive 2001/18/EC)
Judgment of the Court (Fourth Chamber) of 15 July 2004 in Case C-419/03: Commission of the European Communities against French Republic (Failure of a Member State to fulfil its obligations — Partial failure to transpose — Burden of proof — Directive 2001/18/EC)
Judgment of the Court (Fourth Chamber) of 15 July 2004 in Case C-419/03: Commission of the European Communities against French Republic (Failure of a Member State to fulfil its obligations — Partial failure to transpose — Burden of proof — Directive 2001/18/EC)
OJ C 228, 11.9.2004, p. 15–15
(ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)
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11.9.2004 |
EN |
Official Journal of the European Union |
C 228/15 |
JUDGMENT OF THE COURT
(Fourth Chamber)
of 15 July 2004
in Case C-419/03: Commission of the European Communities against French Republic (1)
(Failure of a Member State to fulfil its obligations - Partial failure to transpose - Burden of proof - Directive 2001/18/EC)
(2004/C 228/29)
Language of the case: French
In Case C-419/03: Commission of the European Communities (Agents: U. Wölker and F. Simonetti) against French Republic (Agents: G. de Bergues and D. Petrausch) — application for a declaration that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC (OJ 2001 L 106, p. 1) or, in any event, by failing to inform the Commission thereof, the French Republic has failed to fulfil its obligations under that directive — the Court (Fourth Chamber), composed of: J.N. Cunha Rodrigues, President of the Chamber, N. Colneric and K. Schiemann (Rapporteur), Judges; C. Stix-Hackl, Advocate General; R. Grass, Registrar, has given a judgment on 15 July 2004, the operative part of which is as follows:
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1. |
By failing to adopt within the prescribed period the laws, regulations and administrative provisions necessary to transpose into national law the provisions of Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC which differ from or go beyond those of Council Directive 90/220/EEC of 23 April 1990 on the deliberate release into the environment of genetically modified organisms, the French Republic has failed to fulfil its obligations under Directive 2001/18. |
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2. |
The remainder of the action is dismissed. |
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3. |
Each party is to bear its own costs. |