«(Failure of a Member State to fulfil obligations – Directive 1999/94/EC – Failure to communicate implementing measures)»

Judgment of the Court (Fifth Chamber), 19 June 2003

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Summary of the Judgment

Actions for failure to fulfil obligations – Examination of the merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down by the reasoned opinion (Art. 226 EC)

JUDGMENT OF THE COURT (Fifth Chamber) 19 June 2003 (1)

((Failure of a Member State to fulfil obligations – Directive 1999/94/EC – Failure to communicate implementing measures))

In Case C-161/02,

Commission of the European Communities, represented by G. Valero Jordana and J. Adda, acting as Agents, with an address for service in Luxembourg,

applicant,

French Republic, represented by G. de Bergues and E. Puisais, acting as Agents,

defendant,

APPLICATION for a declaration that, by failing to communicate measures transposing into national law the provisions of Directive 1999/94/EC of the European Parliament and of the Council of 13 December 1999 relating to the availability of consumer information on fuel economy and CO₂ emissions in respect of the marketing of new passenger cars (OJ 2000 L 12, p. 16) or, at any rate, by not informing the Commission fully thereof, the French Republic has failed to fulfil its obligations under that directive,

THE COURT (Fifth Chamber),

composed of: M. Wathelet, President of the Chamber, C.W.A. Timmermans, D.A.O. Edward, A. La Pergola (Rapporteur) and S. von Bahr, Judges,

Advocate General: F.G. Jacobs, Registrar: R. Grass,

having regard to the Report of the Judge-Rapporteur,

having decided, after hearing the Advocate General, to proceed to judgment without an Opinion,

gives the following

By application lodged at the Court Registry on 30 April 2002, the Commission of the European Communities brought an action under Article 226 EC for a declaration that, by failing to communicate measures transposing into national law the provisions of Directive 1999/94/EC of the European Parliament and of the Council of 13 December 1999 relating to the availability of consumer information on fuel economy and CO₂ emissions in respect of the marketing of new passenger cars (OJ 2000 L 12, p. 16; the Directive) or, at any rate, by not informing it fully thereof, the French Republic has failed to fulfil its obligations under the Directive.

The purpose of the Directive is to ensure that information relating to the fuel economy and CO₂ emissions of new passenger cars offered for sale or lease in the Community is made available to consumers in order to enable them to make an informed choice.

Article 12 of the Directive provides:

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 18 January 2001. They shall forthwith inform the Commission thereof.

Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Having obtained no information from the French Republic with regard to the provisions adopted to comply with the Directive, on 6 April 2001 the Commission sent that Member State a letter of formal notice requesting it to submit its observations. Since the Commission received no reply to that letter, on 26 July 2001 it issued a reasoned opinion calling on the French Republic to comply with its obligations under Article 12 of the Directive within two months.

5.5

In their reply dated 2 October 2001, the French authorities produced to the Commission the draft of a decree designed to transpose the Directive into national law.

Since the Commission considered that the French Republic had not fulfilled its obligations under the Directive, it brought the present action.

7.7

The French Government admits that it has not implemented the Directive. It states that the draft decree referred to in paragraph 5 of this judgment was amended in response to an initial opinion from the Conseil d'État (Council of State, France), and that a draft of the decree and a draft implementing order should soon be ready for submission to the Conseil d'État following consultation with the car industry, so that those measures could be promulgated in the course of the autumn of 2002.

8.8

The French Government points out, however, that certain implementing measures have already been taken, that is to say a guide on fuel economy and CO₂ emissions was published at the beginning of 2002. It adds that manufacturers have been asked to apply the abovementioned draft decree and order prior to promulgation of the measures, in particular so far as concerns the use of labels and of posters to be displayed at points of sale, and this may occur from September 2002.

It is settled case-law that the question whether a Member State has failed to fulfil its obligations must be determined by reference to the situation prevailing in the Member State at the end of the period laid down by the reasoned opinion and that the Court may not take account of any subsequent changes.

10.10

Here, therefore, it need merely be stated that it is clear from paragraphs 7 and 8 of this judgment that the French Government admits that it had not adopted the implementing measures required by the Directive on the date upon which the period laid down by the reasoned opinion expired and, therefore, that it could not have complied with the obligation to communicate them to the Commission on that date.

11.11

It follows that the Commission's application must be granted.

Costs

12.12

Under Article 69(2) of the Rules of Procedure, the unsuccessful party is to be ordered to pay the costs if they have been applied for in the successful party's pleadings. Since the Commission has applied for costs and the French Republic has been unsuccessful, the latter must be ordered to pay the costs.

On those grounds,

THE COURT (Fifth Chamber) hereby:

Declares that, by failing to communicate to the Commission of the European Communities the national implementing measures required by Directive 1999/94/EC of the European Parliament and of the Council of 13 December 1999 relating to the availability of consumer information on fuel economy and CO₂ emissions in respect of the marketing of new passenger cars, the French Republic has failed to fulfil its obligations under that directive;

Orders the French Republic to pay the costs.

Delivered in open court in Luxembourg on 19 June 2003.

Wathelet

Timmermans

Edward

La Pergola

von Bahr

President of the Fifth Chamber

Language of the case: French.