EN Official Journal of the European Union C 362/15

Action brought on 11 October 2011 — European Commission v French Republic

(Case C-520/11)

2011/C 362/22

Language of the case: French

Parties

Applicant: European Commission (represented by: F. Jimeno Fernández and D. Bianchi, Agents)

Defendant: French Republic

Form of order sought

The European Commission claims that the Court should:

— Declare that, by failing to comply with Commission Decision 2009/726/EC ordering France to suspend the application of certain interim protection measures prohibiting the introduction onto its territory, for the purpose of human consumption, 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;

— order French Republic to pay the costs.

Pleas in law and main arguments

On 25 February 2009, France adopted a measure relating to the prohibition of import of milk and milk products for human consumption from ovine and caprine origin onto the French territory, in the light of transmissible spongiform encephalopathies intended for human consumption.

The Commission put the matter before the Standing Committee on the Food Chain and Animal Health (SCoFCAH) with a view to the extension, amendment or abrogation of the abovementioned national interim protective measures.

On the basis of the scientific opinions available and the consultations with the SCoFCAH, on 24 September 2009 the Commission considered that the interim protective measures adopted by France went beyond what was necessary to avoid a serious risk to human health, even taking into account the precautionary principle, and adopted, on the basis of Article 54(2) of Regulation No 178/2002, (1) Decision 2009/726/EC (2) ordering France to suspend the application of those measures.

The French Republic lodged an action for annulment of that decision. It did not, however, request suspension of operation of that decision.

The Commission claims that, by failing to comply with the abovementioned decision, the French Republic has failed to fulfil its obligations under Articles 4(3) TEU and 288 TFEU.

First, under Article 4(3) TEU, the Member States are to take any appropriate measure, general or particular, to ensure fulfilment of the obligations arising out of the Treaties or resulting from the acts of the institutions of the Union.

Second, under Article 288 TFEU, decisions are binding in their entirety on the parties to whom they are addressed in order to ensure their full effectiveness.

Lastly, since the action for annulment brought by the French Republic against Decision 2009/726/EC is not suspensive and since the French Republic has not requested suspension of operation of that decision, the application of the decision has not been suspended.

(1) Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ 2002 L 31, p. 1).

(2) Commission Decision 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).