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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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