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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 (Approximation of laws) [2004] EUECJ C-155/03 (22 June 2004) URL: https://www.bailii.org/eu/cases/EUECJ/2004/C15503.html Cite as: [2004] EUECJ C-155/3, [2004] EUECJ C-155/03 |
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JUDGMENT OF THE COURT (Fifth Chamber)
22 June 2004 (1)
(Failure by a Member State to fulfil its obligations - Directive 2000/70/CE - Medical devices incorporating stable derivates of human blood or human plasma - Failure to transpose)
In Case C-155/03, Commission of the European Communities, represented by B. Stromsky and R. Amorosi, acting as Agents, with an address for service in Luxembourg,applicant,
v
French Republic, represented by G. de Bergues and C. Bergeot-Nunes, acting as Agents,defendant,
APPLICATION for a declaration that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Directive 2000/70/EC of the European Parliament and of the Council of 16 November 2000 amending Council Directive 93/42/EEC as regards medical devices incorporating stable derivates of human blood or human plasma (OJ 2000 L 313, p. 22), or in any event by failing to notify those provisions to the Commission, the French Republic has failed to fulfil its obligations under that directive,THE COURT (Fifth Chamber),
having decided, after hearing the Advocate General, to proceed to judgment without an Opinion,
gives the following
‘1. Member States shall adopt and publish the laws, regulations and administrative provisions necessary to comply with this Directive before 13 December 2001. They shall immediately inform the Commission thereof.…2. Member States shall communicate to the Commission the text of the main provisions of domestic law which they adopt in the field governed by this Directive....’
On those grounds,
THE COURT (Fifth Chamber)
hereby: 1. Declares that, by failing to adopt the laws, regulations and administrative measures necessary to comply with Directive 2000/70/EC of the European Parliament and of the Council of 16 November 2000 amending Council Directive 93/42/EEC as regards medical devices incorporating stable derivates of human blood or human plasma, the French Republic has failed to fulfil its obligations under Article 2 of that directive; 2. Orders the French Republic to pay the costs.
Gulmann |
La Pergola |
von Bahr |
R. Grass |
C. Gulmann |
Registrar |
President of the Fifth Chamber |
1 - Language of the case: French.