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Document C2004/273/40

Case C-399/04: Action brought on 21 September 2004 by the Commission of the European Communities against the French Republic

ĠU C 273, 6.11.2004, p. 22–22 (ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)

6.11.2004   

EN

Official Journal of the European Union

C 273/22


Action brought on 21 September 2004 by the Commission of the European Communities against the French Republic

(Case C-399/04)

(2004/C 273/40)

An action against the French Republic was brought before the Court of Justice of the European Communities on 21 September 2004 by the Commission of the European Communities, represented by Antonio Caeiros, acting as Agent, with an address for service in Luxembourg.

The Commission of the European Communities claims that the Court should:

1.

declare that, by failing to adopt and publish within the period prescribed the laws, regulations and administrative provisions necessary to comply with Commission Directive 2003/2/EC of 6 January 2003 relating to restrictions on the marketing and use of arsenic (tenth adaptation to technical progress to Council Directive 76/769/EEC) (1), the French Republic has failed to fulfil its obligations under the first paragraph of Article 2 of Directive 2003/2/EC;

2.

declare, in the alternative, that by failing immediately to inform the Commission of those measures, the French Republic has failed to fulfil its obligations under the first paragraph of Article 2 of the abovementioned directive;

3.

order the French Republic to pay the costs.

Pleas in law and main arguments:

The period prescribed for the transposition of the directive expired on 30 June 2003.


(1)  OJ L 4, 9.1.2003, p. 9.


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