Judgment — ECLI:EU:C:2013:483
Date: 2013-07-18
Language of the case: French
Court formation: Sixth Chamber
Subject matter: Public health
Procedure: Action for failure to fulfil obligations - successful
Origin: France

Judgment of the Court (Sixth Chamber) of 18 July 2013 – European Commission v French Republic (Case C-520/11) 1 (Failure of a Member State to fulfil obligations – Decision 2009/726/EC – Non-compliance – Imports of milk and milk products – Origin – At-risk holdings in terms of cases of spongiform encephalopathies – National prohibitions) Language of the case: French Parties Applicant: European Commission (represented by: F. Jimeno Fernández and D. Bianchi, acting as Agents) Defendant: French Republic (represented by: G. de Bergues and S. Menez, and by C. Candat and R. Loosli-Surrans, acting as Agents) Re: Failure to fulfil obligations – Infringement of Arts 4(3) TEU and 288 TFEU – Failure to comply with Commission Decision 2009/726/EC of 24 September 2009 concerning interim protection measures taken by France as regards the introduction onto its territory of milk and milk products coming from a holding where a classical scrapie case is confirmed (OJ 2009 L 258, p. 27) Operative part of the judgment The Court: Declares that, by failing to comply with Commission Decision 2009/726/EC of 24 September 2009 concerning interim protection measures taken by France as regards the introduction onto its territory of milk and milk products coming from a holding where a classical scrapie case is confirmed, the French Republic has failed to fulfil its obligations under Articles 4(3) TEU and 288 TFEU. The French Republic is ordered to pay costs. ____________ 1 OJ C 362, 10.12.2011.