# C_2006131EN.01001002.xml

| 3.6.2006 | EN | Official Journal of the European Union | C 131/10 |
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3.6.2006

EN

Official Journal of the European Union

C 131/10

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Judgment of the Court (Grand Chamber) of 14 March 2006 — Commission of the European Communities v French Republic

(Case C-177/04) (1)

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(Failure of a Member State to fulfil obligations - Directive 85/374/EEC - Product liability - Judgment of the Court finding a failure to fulfil obligations - Failure to take measures to comply - Article 228 EC - Financial penalties - Partial compliance with the judgment during the proceedings)

(2006/C 131/18)

Language of the case: French

Parties

Applicant: Commission of the European Communities (represented by G. Valero Jordana and B. Stromsky, Agents)

Applicant:

Defendant: French Republic (represented by G. de Bergues and R. Loosli, Agents)

Defendant:

Re:

Failure of a Member State to fulfil obligations — Failure to give effect to the judgment delivered by the Court on 25 April 2002 in Case C-52/00 concerning the incorrect transposition of Council Directive 85/374/EEC of 25 July 1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products (OJ 1985 L 210, p. 29) — Failure to amend the provisions of the French Civil Code — Application for imposition of a penalty payment

Operative part of the judgment

The Court:

| 1. | Declares that, by continuing to regard the supplier of a defective product as liable on the same basis as the producer where the producer cannot be identified, even though the supplier has informed the injured person within a reasonable time of the identity of the person who supplied him with the product, the French Republic has failed to take the necessary measures to comply fully with the judgment in Case C-52/00 Commission v France as regards the transposition of Article 3(3) of Council Directive 85/374/EEC of 25 July 1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products, and has thereby failed to fulfil its obligations under Article 228 EC; |
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1.

Declares that, by continuing to regard the supplier of a defective product as liable on the same basis as the producer where the producer cannot be identified, even though the supplier has informed the injured person within a reasonable time of the identity of the person who supplied him with the product, the French Republic has failed to take the necessary measures to comply fully with the judgment in Case C-52/00 Commission v France as regards the transposition of Article 3(3) of Council Directive 85/374/EEC of 25 July 1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products, and has thereby failed to fulfil its obligations under Article 228 EC;

Commission

France

| 2. | Orders the French Republic to pay to the Commission of the European Communities, into the ‘European Community own resources’ account, a penalty payment of EUR 31 650 for each day of delay in taking the necessary measures to comply fully with the judgment in Case C-52/00 Commission v France from delivery of the present judgment until full compliance with the judgment in that case; |
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2.

Orders the French Republic to pay to the Commission of the European Communities, into the ‘European Community own resources’ account, a penalty payment of EUR 31 650 for each day of delay in taking the necessary measures to comply fully with the judgment in Case C-52/00 Commission v France from delivery of the present judgment until full compliance with the judgment in that case;

Commission

France

| 3. | Orders the French Republic to pay the costs. |
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3.

Orders the French Republic to pay the costs.

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(1)  OJ C 118, 30.04.2004.

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