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Publishers Abstract:
This case is of interest primarily for the light it sheds on the Court's competence for the interpretation of agreements concluded under shared competence and for the review of infringements of such agreements. It was brought by the Commission against France by not having properly implemented its obligations flowing from the Protocol concerning the protection of the Mediterranean against pollution caused by effluents from land. It can be seen, therefore, that the first part of the judgement is undoubtedly the one of greatest importance for the Commission's powers of controlling the respect of mixed agreements by Member States, even when the obligations concerned strictly speaking fall outside the domain occupied by Community legislation. That part of the judgement should have consequences for the responsibility under international law of the Community for breach of mixed agreements and also ought to have repercussions for the competence to conclude pure Community agreements in cases where a certain domain has been covered 'in large measure' by Community law.
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