Judgment of the Court (First Chamber) of 10 April 2003.
Commission of the European Communities v French Republic.
C-114/02 • 62002CJ0114 • ECLI:EU:C:2003:235
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«(Failure of a Member State to fulfil obligations – Directive 98/8/EC – Failure to transpose within the prescribed period)»
1.. Actions for failure to fulfil obligations – Examination of the merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down by the reasoned opinion (Art. 226 EC)
2.. Member States – Obligations – Implementation of directives – Failure to fulfil obligations – National system pleaded as justification – Not permissible (Art. 226 EC)
JUDGMENT OF THE COURT (First Chamber) 10 April 2003 (1)
((Failure of a Member State to fulfil its obligations – Directive 98/8/EC – Failure to transpose within the prescribed period))
In Case C-114/02,
applicant,
v
defendant,
APPLICATION for a declaration that, by failing to adopt all the laws, regulations and administrative measures necessary to comply with Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market (OJ 1998 L 123, p. 1), the French Republic has failed to fulfil its obligations under that directive,
THE COURT (First Chamber),,
composed of: M. Wathelet (Rapporteur), President of the Chamber, P. Jann and A. Rosas, Judges,
Advocate General: J. Mischo,
having regard to the report of the Judge-Rapporteur,
after hearing the Opinion of the Advocate General at the sitting on 14 January 2003,
gives the following
On those grounds,
THE COURT (First Chamber)
hereby:
Wathelet
Jann
Rosas
Delivered in open court in Luxembourg on 10 April 2003.
R. Grass
M. Wathelet
Registrar
President of the First Chamber
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