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28.8.

2004 EN Official Journal of the European Union C 217/9

JUDGMENT OF THE COURT JUDGMENT OF THE COURT

(Fourth Chamber) (Fourth Chamber)

of 1 July 2004 of 8 July 2004

in Case C-331/03: Commission of the European Commu-


in Case C-389/03: Commission of the European Commu-
nities v French Republic (1)
nities v Kingdom of Belgium (1)

(Failure of a Member State to fulfil its obligations — Direc-


tive 2000/53/EC — Failure to transpose within the period (Failure of a Member State to fulfil obligations — Failure to
prescribed) transpose Directive 1999/74/EC)

(2004/C 217/16) (2004/C 217/17)

(Language of the case: French) (Language of the case: French)

(Provisional translation; the definitive translation will be published in (Provisional translation; the definitive translation will be published in
the European Court Reports) the European Court Reports)

In Case C-331/03: Commission of the European Communities


(Agents: M. Konstantinidis and F. Simonetti) v French Republic In Case C-389/03: Commission of the European Communities
(Agent: G. de Bergues and E. Puisais) — application for a (Agent: A. Bordes) v Kingdom of Belgium (Agent: E. Dominko-
declaration that, by failing to adopt the laws, regulations and vits) — application for a declaration that, by not adopting the
administrative provisions necessary to comply with Directive laws, regulations and administrative provisions necessary to
2000/53/EC of the European Parliament and of the Council of comply with Council Directive 1999/74/EC of 19 July 1999
18 September 2000 on end-of life vehicles (OJ 2000 L 269, p. laying down minimum standards for the protection of laying
34) and, in any event, by failing to notify them to the Commis- hens (OJ 1999 L 203, p. 53), and, in any event, by failing to
sion, the French Republic has failed to fulfil its obligations inform the Commission thereof, the Kingdom of Belgium has
under that directive — the Court (Fourth Chamber), composed failed to fulfil its obligations under that directive — the Court
of: J.N. Cunha Rodrigues, President of the Chamber, F. Macken (Fourth Chamber), composed of: J.N. Cunha Rodrigues, Presi-
(Rapporteur) and K. Lenaerts, Judges; M. Poiares Maduro, Advo- dent of the Chamber, F. Macken (Rapporteur) and K. Lenaerts,
cate General; R. Grass, Registrar, gave a judgment on 1 July Judges; D. Ruiz-Jarabo Colomer, Advocate General; R. Grass,
2004, the operative part of which is as follows: Registrar, has given a judgment on 8 July 2004, in which it:

1. By failing, within the period prescribed, to adopt the laws, regula- 1. Declares that, by not adopting the laws, regulations and adminis-
tions and administrative provisions necessary to comply with trative provisions necessary to comply with Council Directive
Directive 2000/53/EC of the European Parliament and of the 1999/74/EC of 19 July 1999 laying down minimum standards
Council of 18 September 2000 on end-of life vehicles, the French for the protection of laying hens, the Kingdom of Belgium has
Republic has failed to fulfil its obligations under that directive; failed to fulfil its obligations under that directive;

2. The French Republic is ordered to pay the costs. 2. Orders the Kingdom of Belgium to pay the costs.

(1) OJ C 213 of 6.9.2003. (1) OJ C 251 of 18.10.2003.