5.3.2005   

EN

Official Journal of the European Union

C 57/12


JUDGMENT OF THE COURT

(Fifth Chamber)

of 13 January 2005

in Case C-32/04: Commission of the European Communities v French Republic (1)

(Failure of a Member State to fulfil its obligations - Directive 2001/58/EC - Non-transposition within the period prescribed)

(2005/C 57/22)

Language of the case: French

In Case C-32/04 Commission of the European Communities (Agents: U.Wölker and F. Simonetti) v French Republic (Agents: G. de Bergues and C. Mercier) – action under Article 226 EC for failure to fulfil obligations, brought on 29 January 2004 – the Court (Fifth Chamber), composed of R. Silva de Lapuerta, President of the Chamber, R. Schintgen and J. Klučka (Rapporteur), Judges; D. Ruiz-Jarabo Colomer, Advocate General; R. Grass, Registrar, gave a judgment on 13 January 2005, in which it:

1.

Declares that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Commission Directive 2001/58/EC of 27 July 2001 amending for the second time Directive 91/155/EEC defining and laying down the detailed arrangements for the system of specific information relating to dangerous preparations in implementation of Article 14 of European Parliament and Council Directive 1999/45/EC and relating to dangerous substances in implementation of Article 27 of Council Directive 67/548/EEC (safety data sheets), the French Republic has failed to fulfil its obligations under that directive;

2.

Orders the French Republic to pay the costs.


(1)  OJ C 71 of 20.03.2004.