61991J0293

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Member States ° Obligations ° Implementation of directives ° Failure to fulfil obligations not contested

(EEC Treaty, Art. 169)

In Case C-293/91,

Commission of the European Communities, represented by Étienne Lasnet, Legal Adviser, acting as Agent, with an address for service in Luxembourg at the office of Roberto Hayder, a representative of its Legal Service, Wagner Centre, Kirchberg,

applicant,

v

French Republic, represented by Philippe Pouzoulet, Deputy Director of Legal Affairs at the Ministère des Affaires Étrangères (Ministry of Foreign Affairs), and Claude Chavance, Principal Attaché for Central Administration, acting as Agents, with an address for service in Luxembourg at the French Embassy, 9 Boulevard du Prince Henri,

defendant,

APPLICATION for a declaration that, by failing to communicate the laws, regulations, and administrative provisions by which it considers itself to have fulfilled its obligations under Council Directive 85/374/EEC of 25 July 1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products (OJ 1985 L 210, p. 29), or by failing to adopt the measures necessary to comply therewith, the French Republic has failed to fulfil its obligations under that directive and under the Treaty,

THE COURT,

composed of: C.N. Kakouris (President of the Fourth and Sixth Chambers), acting for the President, M. Zuleeg and J.L. Murray (Presidents of Chambers), G.F. Mancini, F.A. Schockweiler, J.C. Moitinho de Almeida, F. Grévisse, M. Diez de Velasco and P.J.G. Kapteyn, Judges,

Advocate General: G. Tesauro,

Registrar: L. Hewlett, Administrator,

having regard to the report of the Judge-Rapporteur,

after hearing the Opinion of the Advocate General at the sitting on 8 December 1992,

gives the following

Judgment

1 By application lodged at the Court Registry on 21 November 1991, the Commission of the European Communities brought an action pursuant to Article 169 of the EEC Treaty for a declaration that by failing to communicate the laws, regulations and administrative provisions by which it considers itself to have fulfilled its obligations under Council Directive 85/374/EEC of 25 July 1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products (OJ 1985 L 210, p. 29), or by failing to adopt the measures necessary to comply therewith, the French Republic has failed to fulfil its obligations under the directive and under the Treaty.

2 The French Government acknowledges that, by the expiry of the period laid down in the reasoned opinion, it had not yet implemented the abovementioned directive.

3 In those circumstances, the Commission' s submissions concerning the failure to fulfil obligations must be upheld.

Costs

4 Under Article 69(2) of the Rules of Procedure, the unsuccessful party is to be ordered to pay the costs. Since the French Republic has been unsuccessful, it must be ordered to pay the costs.

On those grounds,

THE COURT

hereby:

1. Declares that, by failing to communicate the laws, regulations and administrative provisions by which it considers itself to have fulfilled its obligations under Council Directive 85/374/EEC of 25 July 1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products (OJ 1985 L 210, p. 29), or by failing to adopt the measures necessary to comply therewith, the French Republic has failed to fulfil its obligations under the directive and under the Treaty;

2. Orders the French Republic to pay the costs.