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You are here: BAILII >> Databases >> Court of Justice of the European Communities (including Court of First Instance Decisions) >> Commission v France (Freedom to provide services) [1999] EUECJ C-250/98 (28 April 1999) URL: http://www.bailii.org/eu/cases/EUECJ/1999/C25098.html Cite as: [1999] EUECJ C-250/98 |
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JUDGMENT OF THE COURT (First Chamber)
28 April 1999 (1)
(Failure by a Member State to fulfil obligations - Failure to transpose Directive 89/594/EEC)
In Case C-250/98,
Commission of the European Communities, represented by Antonio Caeiro, Principal Legal Adviser, and Bernard Mongin, of its Legal Service, acting as Agents, with an address for service in Luxembourg at the office of Carlos Gómez de la Cruz, of its Legal Service, Wagner Centre, Kirchberg,
applicant,
v
French Republic, represented by Kareen Rispal-Bellanger, Head of the Subdirectorate for International Economic Law and Community Law in the Legal Affairs Directorate of the Ministry of Foreign Affairs, and Anne de Bourgoing, Chargé de Mission in the same directorate, acting as Agents, with an address for service in Luxembourg at the French Embassy, 8B Boulevard Joseph II,
defendant,
APPLICATION for a declaration that, by failing to adopt all the laws, regulations and administrative provisions necessary to comply with Council Directive 89/594/EEC of 30 October 1989 amending Directives 75/362/EEC, 77/452/EEC,
78/686/EEC, 78/1026/EEC and 80/154/EEC relating to the mutual recognition of diplomas, certificates and other evidence of formal qualifications as doctors, nurses responsible for general care, dental practitioners, veterinary surgeons and midwives, together with Directives 75/363/EEC, 78/1027/EEC and 80/155/EEC concerning the coordination of provisions laid down by law, regulation or administrative action relating to the activities of doctors, veterinary surgeons and midwives (OJ 1989 L 341, p. 19), the French Republic has failed to fulfil its obligations under Directive 89/594,
THE COURT (First Chamber),
composed of: P. Jann, President of the Chamber, D.A.O. Edward (Rapporteur) and L. Sevón, Judges,
Advocate General: D. Ruiz-Jarabo Colomer,
Registrar: R. Grass,
having regard to the report of the Judge-Rapporteur,
after hearing the Opinion of the Advocate General at the sitting on 23 February 1999,
gives the following
and other evidence of formal qualifications in veterinary medicine, including measures to facilitate the effective exercise of the right of establishment and freedom to provide services (OJ 1978 L 362, p. 1), and Article 19 of the Directive inserted a paragraph into Article 1 of Council Directive 78/1027/EEC of 18 December 1978 concerning the coordination of provisions laid down by law, regulation or administrative action in respect of the activities of veterinary surgeons (OJ 1978 L 362, p. 7). Those two articles concern the conditions for mutual recognition of the diplomas necessary to exercise the profession of veterinary surgeon.
Costs
13. 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 (First Chamber),
hereby:
1. Declares that, by failing to adopt all the laws, regulations and administrative provisions necessary to comply with Council Directive 89/594/EEC of 30 October 1989 amending Directives 75/362/EEC, 77/452/EEC, 78/686/EEC, 78/1026/EEC and 80/154/EEC relating to the mutual recognition of diplomas, certificates and other evidence of formal qualifications as doctors, nurses responsible for general care, dental practitioners, veterinary surgeons and midwives, together with Directives 75/363/EEC, 78/1027/EEC and 80/155/EEC concerning the coordination of provisions laid down by law, regulation or administrative action relating to the activities of doctors, veterinary surgeons and midwives, the French Republic has failed to fulfil its obligations under that directive;
2. Orders the French Republic to pay the costs.
Jann
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Delivered in open court in Luxembourg on 28 April 1999.
R. Grass P. Jann
Registrar President of the First Chamber
1: Language of the case: French.