3.9.2005   

EN

Official Journal of the European Union

C 217/3

JUDGMENT OF THE COURT

(Grand Chamber)

of 12 July 2005

in Case C-304/02: Commission of the European Communities v French Republic (1)

(Failure of a Member State to fulfil obligations - Fisheries - Control obligations placed on the Member States - Judgment of the Court establishing a breach of obligations - Non-compliance - Article 228 EC - Payment of a lump sum - Imposition of a penalty payment)

(2005/C 217/06)

Language of the case: French

In Case C-304/02, Commission of the European Communities (Agents: M. Nolin, H. van Lier and T. van Rijn) v French Republic (Agents: G. de Bergues and A. Colomb), action under Article 228 EC for failure to fulfil obligations brought on 27 August 2002, the Court (Grand Chamber), composed of V. Skouris, President, P. Jann (Rapporteur) and C.W.A. Timmermans, Presidents of Chambers, C.Gulmann, J.P. Puissochet, R. Schintgen, N. Colneric, S. von Bahr and J.N. Cunha Rodrigues, Judges; L.A. Geelhoed, Advocate General; M. Múgica Arzamendi, Principal Administrator, subsequently M.F. Contet, Principal Administrator, and H. von Holstein, Deputy Registrar, for the Registrar, gave a judgment on 12 July 2005, in which it:

1.

Declares that:

—

by failing to carry out controls of fishing activities in accordance with the requirements laid down by the Community provisions, and

—

by failing to ensure that action is taken in respect of infringements of the rules governing fishing activities in accordance with the requirements laid down by the Community provisions,

the French Republic has not implemented all the necessary measures to comply with the judgment of 11 June 1991 in Case C-64/88 Commission v France and has accordingly failed to fulfil its obligations under Article 228 EC;

2.

Orders the French Republic to pay to the Commission of the European Communities, into the account ‘European Community own resources’, a penalty payment of EUR 57 761 250 for each period of six months from delivery of the present judgment at the end of which the judgment in Case C-64/88 Commission v France has not yet been fully complied with;

3.

Orders the French Republic to pay to the Commission of the European Communities, into the account ‘European Community own resources’, a lump sum of EUR 20 000 000;

4.

Orders the French Republic to pay the costs.

(1)  OJ C 247 of 12.10.2002.