3.9.2005 |
EN |
Official Journal of the European Union |
C 217/12 |
JUDGMENT OF THE COURT
(Second Chamber)
of 14 July 2005
in Case C-433/03: Commission of the European Communities v Federal Republic of Germany (1)
(Failure of a Member State to fulfil its obligations - Negotiation, conclusion, ratification and implementation of bilateral agreements by a Member State - Transport of goods or passengers by inland waterway - External competence of the Community - Article 10 EC - Regulations (EEC) No 3921/91 and (EC) No 1356/96)
(2005/C 217/23)
Language of the case: German
In Case C-433/03, Commission of the European Communities (Agents: C. Schmidt, W. Wils and A. Manville) v Federal Republic of Germany (Agent: W.-D. Plessing, and G. Schohe, Lawyer) — action under Article 226 EC for failure to fulfil obligations, brought on 10 October 2003 — the Court (Second Chamber), composed of C.W.A. Timmermans, President of the Chamber, R. Silva de Lapuerta (Rapporteur), C. Gulmann, J. Makarczyk and P. Kūris, Judges; A. Tizzano, Advocate General; R. Grass, Registrar, gave a judgment on 14 July 2005, in which it:
1. |
Declares that, by ratifying and implementing:
without consulting or cooperating with the Commission of the European Communities, the Federal Republic of Germany has failed to fulfil its obligations under Article 10 EC; |
2. |
Dismisses the remainder of the action; |
3. |
Orders the Commission of the European Communities and the Federal Republic of Germany to bear their own costs. |