# C_2004094EN.01000501.xml

| 17.4.2004 | EN | Official Journal of the European Union | C 94/5 |
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17.4.2004

EN

Official Journal of the European Union

C 94/5

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JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Sixth Chamber)

11 March 2004

In Case C-496/01: Commission of the European Communities v French Republic (1)

1

(Failure of a Member State to fulfil its obligations - France - Freedom to provide services - Right of establishment - Rules governing bio-medical analysis laboratories - Conditions for the grant of an administrative operating authorisation - Place of business in France)

(2004/C 94/08)

Language of the case: French

In Case C-496/01: Commission of the European Communities (Agent: M. Patakia), with an address for service in Luxembourg, against French Republic (Agents: G. de Bergues and C. Bergeot-Nunes):

| — | Application for a declaration that, |
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Application for a declaration that,

| — | by requiring that bio-medical analysis laboratories established in other Member States have their place of business in France in order to obtain the requisite operating authorisation; |
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—

by requiring that bio-medical analysis laboratories established in other Member States have their place of business in France in order to obtain the requisite operating authorisation;

by precluding any reimbursement of the costs of bio-medical analyses carried out by a bio-medical analysis laboratory established in another Member State,

| the French Republic has failed to fulfil its obligations under Articles 43 EC and 49 EC, the Court (Sixth Chamber), composed of: V. Skouris, acting for the President of the Sixth Chamber, C. Gulmann, J.-P. Puissochet, R. Schintgen and N. Colneric (Rapporteur), Judges; J. Mischo, Advocate General; R. Grass, Registrar, has given a judgment on 11 March 2004, in which it: | 1.






  — | Declares that, by imposing on bio-medical analysis laboratories established in other Member States, a requirement that they have a place of business in France in order to obtain the necessary operating authorisation and by precluding any reimbursement of the costs of bio-medical analyses carried out by a bio-medical analysis laboratory established in another Member State, the French Republic has failed to fulfil its obligations under Article 49 EC; |
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the French Republic has failed to fulfil its obligations under Articles 43 EC and 49 EC, the Court (Sixth Chamber), composed of: V. Skouris, acting for the President of the Sixth Chamber, C. Gulmann, J.-P. Puissochet, R. Schintgen and N. Colneric (Rapporteur), Judges; J. Mischo, Advocate General; R. Grass, Registrar, has given a judgment on 11 March 2004, in which it:

1.

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Declares that, by imposing on bio-medical analysis laboratories established in other Member States, a requirement that they have a place of business in France in order to obtain the necessary operating authorisation and by precluding any reimbursement of the costs of bio-medical analyses carried out by a bio-medical analysis laboratory established in another Member State, the French Republic has failed to fulfil its obligations under Article 49 EC;

| 2. | Dismisses the remainder of the application; |
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2.

Dismisses the remainder of the application;

| 3. | Orders each party to bear its own costs. |
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3.

Orders each party to bear its own costs.

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(1)  OJ C 44 of 16.02.2002.

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