Case against France for failing to obey judgment on implementation of various directives on genetically modified organisms after delays of 7, 10 and 14 years - Case Filing C-79/06:

Luxembourg, 8 April 2006

Action brought on 10 February 2006 by the Commission of the European Communities against the French Republic

(Case C-79/06) Official Journal publication of the filing

(2006/C 86/30)

(Language of the case: French)

An action against the French Republic was brought before the Court of Justice of the European Communities on 10 February 2006 by the Commission of the European Communities, represented by M. Heller, acting as Agent, with an address for service in Luxembourg.

The Commission claims that the Court should:

1. declare that, by failing to take the measures necessary to comply with the judgment of the Court of Justice of the European Communities of November 2003 in Case C429/01, (1) regarding failure to transpose Directive 90/219/EEC (2) correctly and in full, the French Republic has failed to fulfil its obligations under Article 228(1) of the Treaty establishing the European Community;

2. order the French Republic to pay to the Commission of the European Communities, for the `European Community's own resources' account, a fine of EUR 168 000 per day of delay in complying with the judgment in Case C-429/01, from the date of judgment herein until the judgment in Case C-429/01 is complied with;

3. order the French Republic to pay the costs.

Pleas in law and main arguments

The French Republic should have initiated, immediately after the Court's judgment, the necessary legislative process and adopted the appropriate amendments to comply with Directive 90/219/EEC .

Hitherto the amendments necessary at both the legislative and regulatory levels have still not been adopted, 14 years, and even ten and seven years respectively after the expiry of the period for compliance and more than two years after the Court's declaration of the failure to fulfil obligations.

(1) [2003] ECR I-14355.
(2) Council Directive 90/219/EEC of 23 April 1990 on the contained use of genetically modified micro-organisms `GMMO' (OJ 1990 L 117, p. 1).

Official Journal of the EU, C86 8.4.2006

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