Case C-155/03: Action brought on 3 April 2003 by the Commission of the European Communities against the French Republic
Date: 2003-07-19
Institutions: Court of Justice
Subjects: European Commission, European standard, France, action for failure to fulfil an obligation, blood transfusion, national implementing measure, pharmaceutical legislation, product safety, public health

19.7.2003

EN

Official Journal of the European Union

C 171/9

ORDER OF THE COURT

(Fourth Chamber)

of 26 March 2003

in Case C-170/01 P: Compañía Internacional de Pesca y
Derivados SA (INPESCA) v Commission of the European
Communities (1)

(Appeal — Action for annulment — Action for damages —
Confirmatory measure — Absence of substantive new facts
— Inadmissible — Appeal manifestly unfounded)

(2003/C 171/12)

(Language of the case: Spanish)

2003 by the Commission of the European Communities,
represented by B. Stromsky and R. Amorosi, acting as Agents.

The applicant claims that the Court should:

1.

declare that, by failing to adopt and bring into force
within the prescribed period the laws, regulations and
administrative provisions necessary to comply with
Directive 2000/70/EC of the European Parliament and of
the Council of 16 November 2000 amending Council
Directive 93/42/EEC as regards medical devices incorpor-
ating stable derivates of human blood or human plas-
ma (1) and, in any event, by failing to communicate them
to the Commission, the French Republic has failed to
fulfil its obligations under that directive;

2.

order the French Republic to pay the costs.

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

Pleas in law and main arguments

In Case C-170/01 P: Compañía Internacional de Pesca y
Derivados SA (INPESCA), established in Bermeo (Spain),
(lawyers: M.I. Angulo Fuertes and M.B. Angulo Fuerte) —
appeal against the judgment of the Court of First Instance of
the European Communities (Second Chamber) in Case T-186/
98 Inpesca v Commssion [2001] ECR II-557, seeking to have
that judgment set aside, the other party to proceedings being:
Commission of the European Communities (agents: S. Pardo
Quintillán and J. Guerra Fernández) — the Court (Fourth
Chamber), composed of C.W.A. Timmermans, President of the
Chamber, A. La Pergola (rapporteur) and S. Von Bahr, Judges;
L.A. Geelhoed, Advocate General; R. Grass, Registrar; has made
an order on 26 February 2003 by which it:

1. Dismisses the appeal;

Article 2 of Directive 2000/70/EC provides that Member
States are to adopt and publish the laws, regulations and
administrative provisions necessary to comply with that
directive before 13 December 2001 and that they are immedi-
ately to inform the Commission thereof. The Commission has
no information to enable it to conclude that the French
authorities have definitively adopted the necessary measures
to implement the directive or, in any event, communicated
such measures to it and thus finds that the French Republic
has failed to fulfil its obligations under that directive. The
Commission further submits that the French Republic cannot
rely on the amendment made to Directive 2000/70/EC in
order to justify its failure to transpose it within the prescribed
period since the amendment did not affect the deadline for
transposition.

2. Orders Compañía Internacional de Pesca y Derivados SA

(INPESCA) to pay the costs.

(1) OJ 2000 L 313, p. 22.

( 1) OJ C 200, 14.7.2001.

Action brought on 14 April 2003 by the Hellenic Republic
against the Commission of the European Communities

Action brought on 3 April 2003 by the Commission of
the European Communities against the French Republic

(Case C-155/03)

(2003/C 171/13)

(Case C-175/03)

(2003/C 171/14)

An action against the French Republic was brought before the
Court of Justice of the European Communities on 3 April

An action against the Commission of the European Communi-
ties was brought before the Court of Justice of the European
Communities on 14 April 2003 by the Hellenic Republic,