France failed to transpose some articles of directive on release of GMOs: judgment

November 21, 2003

Luxembourg, 20 November 2003

C-296/01, Commission of the European Communities v French Republic

Judgment of the Court of Justice (Sixth Chamber) on 20 November 2003 (link to English version when available). Full text

Failure of a Member State to fulfil obligations - Failure to transpose Directive 90/220/EEC - Genetically modified organisms

The Court:

1. Declares that, by failing to transpose Articles 5(1) to (4), 11(1), (2) and (3) and 19(2) and (3) of Directive 90/220/EEC of 23 April 1990 on the deliberate release into the environment of genetically modified organisms, as amended by Commission Directive 97/35/EC of 18 June 1997 adapting to technical progress for the second time Directive 90/220 , the French Republic has failed to fulfil its obligations under that directive;

2. Dismisses the remainder of the application;

3. Orders the French Republic to pay the costs.

European Court of Justice, judgment 20 November 2003

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