Case C-263/03: Action brought on 17 June 2003 by the Commission of the European Communities against the French Republic
Date: 2003-08-23
Institutions: Court of Justice
Subjects: European Commission, France, action for failure to fulfil an obligation, import, import restriction, medicinal product

23.8.2003

EN

Official Journal of the European Union

C 200/15

On a proper construction of Regulation EEC No 3950/92 (1) of
28 December 1992 (in particular Articles 1, 2 and 9(g) thereof)
and Regulation EEC No 536/93 (2) of 9 March 1993 (in parti-
cular Articles 1, 2 and 3 thereof), is the transfer of a quantity of
milk by the producer to a third party, while retaining the right
of property in it, in performance of a contract for the proces-
sing of the milk and in order to manufacture cheese, butter and
whey, for consideration, to be classified as ‘delivery’ or ‘direct
sale’ for the purposes of determining milk quotas and whether
the additional levy is to be applied?

(1) OJ L 405 of 31.12.1992, p. 1.
(2) OJ L 57 of 10.03.1993, p. 12.

Action brought on 17 June 2003 by the Commission of
the European Communities against the French Republic

(Case C-263/03)

(2003/C 200/26)

imports, since it allows the authorities an excessive degree of
latitude and does not require them to take a decision within a
brief and precisely determined period. In the case of parallel
imports of medicines, that barrier goes well beyond what is
necessary for the protection of public health.

Action brought on 17 June 2003 by the Commission of
the European Communities against the French Republic

(Case C-264/03)

(2003/C 200/27)

An action against the French Republic was brought before the
the European Communities on 17 June
Justice of
Court of
2003 by the Commission of
the European Communities,
represented by B. Stromsky, K. Wiedner and F. Simonetti,
acting as Agents, with an address for service in Luxembourg.

The Commission of the European Communities claims that the
Court should:

An action against the French Republic was brought before the
the European Communities on 17 June
Justice of
Court of
2003 by the Commission of
the European Communities,
represented by B. Stromsky, acting as Agent, with an address
for service in Luxembourg.

1.

The Commission of the European Communities claims that the
Court should:

1.

in so far as the French legislation in force
declare that,
subjects imports of medicines from other Member States
of the European Community, when they are identical to
medicines already authorised in France (parallel imports),
to unreasonable conditions,
in particular as regards the
discretionary power granted to the authorities and the
absence of a prescribed period within which they must
take a decision, the French Republic has failed to fulfil its
obligations under Article 28 of the Treaty establishing the
European Community;

2.

order the French Republic to pay the costs.

Pleas in law and main arguments

The situation called in question essentially results from the
absence of a specific procedure for authorising parallel imports
of medicines in French territory. The general procedure for the
prior authorisation of the import of medicines which is there-
fore applicable constitutes a barrier to imports and a measure
restriction on
having equivalent

to a quantitative

effect

in Article 4 of

the Law of
declare that, by reserving,
12 July 1985, delegated management contracts to an
legal entities governed by French law,
exhaustive list of
its obligations
the French Republic has failed to fulfil
under Directive
particular
in
Articles 8 and 9 thereof, and under Article 49 of the
Treaty establishing the European Community;

92/50/EEC (1),

and

2.

order the French Republic to pay the costs.

Pleas in law and main arguments

Reserving delegated management contracts
to certain legal
entities governed by French law constitutes a breach of Direc-
the
tive 92/50/EEC and a restriction on the principle of
freedom to provide services laid down in Article 49 of the
Treaty which is not justified under the exception provided for
in Article 45 of the Treaty.

contracts

The management contract is a public service contract within
the meaning of Article 1(a) of Directive 92/50. Moreover,
management
fall within Category No 12 of
Annex IA, apart
from contracts exclusively or principally
concerning representative tasks, so that the French legislation
fails to comply with Article 8 of the Directive. Management
contracts which relate exclusively or principally to representa-
tive tasks come under Annex IB of the Directive, so that the
French legislation fails to comply with Article 9 of the Direc-
tive as well.