Judgment of the Court (Fifth Chamber) 25 April 2002 in Case C-52/00: Commission of the European Communities v French Republic (Failure by a Member State to fulfil its obligations — Directive 85/374/EEC — Product liability — Incorrect transposition)
Date: 2002-06-15
Institutions: Court of Justice
Subjects: European Commission, France, action for failure to fulfil an obligation, producer's liability, product quality

15.6.2002

EN

Official Journal of the European Communities

C 144/5

accordingly to be classified as waste within the meaning of
Council Directive 75/442/EEC of 15 July 1975 on waste.

— by including damage of less than EUR 500 in Article 3 of
Law No 98-389 of 19 May 1998 on liability for defective
products (JORF of 21 May 1998, p. 7744);

2.

The place of storage of leftover stone, its composition and the
fact, even if proven, that the stone does not pose any real risk to
human health or the environment are not relevant criteria for
determining whether the stone is to be regarded as waste.

— by providing in Article 8 thereof that the supplier of a
defective product is to be liable in all cases and on the
same basis as the producer, and

(1) OJ C 102 of 8.4.2000.

JUDGMENT OF THE COURT

(Fifth Chamber)

25 April 2002

in Case C-52/00: Commission of the European Communi-
ties v French Republic (1)

(Failure by a Member State to fulfil its obligations —
Directive 85/374/EEC — Product liability — Incorrect
transposition)

(2002/C 144/07)

(Language of the case: French)

— by providing in Article 13 thereof that the producer must
prove that he has taken appropriate steps to avert the
consequences of a defective product in order to be able
to rely on the grounds of exemption from liability
provided for in Article 7(d) and (e) 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), the French Republic has failed to
fulfil its obligations under Articles 9, 3(3) and 7 of the
aforementioned directive,

the Court (Fifth Chamber), composed of: P. Jann (Rapporteur),
President of the Chamber, S. von Bahr and C. W. A. Timmer-
mans,
Judges; L. A. Geelhoed, Advocate General; H. von
Holstein, Deputy Registrar, has given a judgment on 25 April
2002, in which it:

1. Declares that

— by including damage of

less

than EUR 500 in

Article 1386-2 of the French Civil Code;

— by providing in the first paragraph of Article 1386-7
thereof that the supplier of a defective product is to be
liable in all cases and on the same basis as the producer,
and

— by providing in the second paragraph of Article 1386-
12 thereof that the producer must prove that he has taken
appropriate steps to avert the consequences of a defective
product in order to be able to rely on the grounds of
exemption from liability provided for in Article 7(d) and
(e) of Council Directive 85/374/EEC of 25 July 1985
regulations and
on the approximation of
administrative provisions of the Member States concerning
liability for defective products,

the laws,

(Provisional translation; the definitive translation will be published
in the European Court Reports)

the French Republic has failed to fulfil its obligations under
Articles 9(b), 3(3) and 7 of the aforementioned directive;

2. Orders the French Republic to pay the costs.

In Case C-52/00, Commission of the European Communities
(Agents: M. Patakia and B. Mongin) v French Republic (Agents:
initially K. Rispal-Bellanger and R. Loosli-Surrans, subsequently
R. Loosli-Surrans and J.-F. Dobelle): Application for a declar-
ation that:

(1) OJ C 163 of 10.6.2000.