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Document C2004/217/11

    Judgment of the Court (Second Chamber) of 8 July 2004 in Case C-166/03: Commission of the European Communities v French Republic (Failure of a Member State to fulfil its obligations — Article 28 EC — Marketing of articles made of precious metals — ‘Gold’ and ‘gold alloy’)

    OB C 217, 28.8.2004, p. 6–6 (ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)

    28.8.2004   

    EN

    Official Journal of the European Union

    C 217/6


    JUDGMENT OF THE COURT

    (Second Chamber)

    of 8 July 2004

    in Case C-166/03: Commission of the European Communities v French Republic (1)

    (Failure of a Member State to fulfil its obligations - Article 28 EC - Marketing of articles made of precious metals - ‘Gold’ and ‘gold alloy’)

    (2004/C 217/11)

    Language of the case: French

    In Case C-166/03: Commission of the European Communities (Agent: B. Stromsky) v French Republic (Agents: G. de Bergues and F. Million ) — application for a declaration that, by reserving the term ‘gold’ for articles of a fineness of 750 parts per thousand, whilst those of a fineness of 375 or 585 parts per thousand are described as ‘gold alloy’, the French Republic has failed to fulfil its obligations under Article 28 EC — the Court (Second Chamber), composed of: C.W.A. Timmermans, President of the Chamber, J.-P. Puissochet, J.N. Cunha Rodrigues (Rapporteur), R. Schintgen and N. Colneric, Judges; F.G. Jacobs, Advocate General; R. Grass, Registrar, has given a judgment on 8 July 2004, in which it:

    1.

    Declares that, by reserving the term ‘gold’ for articles of a fineness of 750 parts per thousand, whilst those of a fineness of 375 or 585 parts per thousand are termed ‘gold alloy’, the French Republic has failed to fulfil its obligations under Article 28 EC;

    2.

    Orders the French Republic to pay the costs.


    (1)  OJ C 135 of 7.6.2003.


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