Judgment of the Court (Third Chamber) of 11 December 2003 in Case C-122/03: Commission of the European Communities v French Republic (Failure of a Member State to fulfil its obligations — Measures having equivalent effect — Importers and distributors of medicinal products — Submission of a certified copy or a document attesting to the holding of a marketing authorisation)
Date: 2004-02-21
Institutions: Court of Justice
Subjects: European Commission, France, action for failure to fulfil an obligation, exchange of information, import, marketing, medicinal product, pharmaceutical product

C 47/10

EN

Official Journal of the European Union

21.2.2004

JUDGMENT OF THE COURT

(Third Chamber)

of 11 December 2003

in Case C-122/03: Commission of the European Communi-
ties v French Republic (1)

its obligations —
(Failure of a Member State to fulfil
Measures having equivalent effect — Importers and distribu-
tors of medicinal products — Submission of a certified copy
or a document attesting to the holding of a marketing
authorisation)

(2004/C 47/16)

(Language of the case: French)

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

In Case C-122/03, Commission of the European Communities
(Agents: H. Støvlbæk and B. Stromsky) v French Republic
(Agents: G. de Bergues and C. Bergeot-Nunes): Application for
a declaration that, by imposing, pursuant to Article R. 5142-
15 of the Code de la santé publique, on traders importing or
distributing in France medicinal products which are already
covered by a marketing authorisation for the French or
Community market a requirement that they submit, when first
so requested by the monitoring authorities, either a certified
copy issued by the Agence française de securité sanitaire des
produits de santé of the French marketing authorisation or of
the registration of the medicinal product, or a document issued
by that Agency attesting that the imported medicinal product
has obtained a marketing authorisation issued by the European
Community,
its
obligations under Article 28 EC, the Court (Third Chamber),
composed of: C. Gulmann (Rapporteur), acting for the Presi-
dent of the Third Chamber, J.-P. Puissochet and F. Macken,
Judges; L.A. Geelhoed, Advocate General; R. Grass, Registrar,
has given a judgment on 11 December 2003, in which it:

the French Republic has failed to fulfil

1. Declares that by imposing, pursuant to Article R. 5142-15 of
the Code de la santé publique, on traders importing or
distributing in France medicinal products which are already
covered by a marketing authorisation for
the French or
Community market a requirement that they submit, when first
so requested by the monitoring authorities, either a certified
copy issued by the Agence française de securité sanitaire des
produits de santé of the French marketing authorisation or of
the registration of the medicinal product, or a document issued
by that Agency certifying that the imported medicinal product

has obtained a marketing authorisation issued by the European
Community,
its
obligations under Article 28 EC;

the French Republic has

failed to fulfil

2. Orders the French Republic to pay the costs.

(1) OJ C 112 of 10.5.2003.

ORDER OF THE COURT

(Second Chamber)

of 16 October 2003

nella causa C-244/02 (Reference for a preliminary ruling
from the Korkein hallinto-oikeus): Kauppatalo Hansel Oy
v Imatran kaupunki (1)

(Article 104(3) — Rules of Procedure — Procurement
contracts — Directive 93/36/EEC — Procedures for the
award of public supply contracts — Incorrect assessment as
regards the criterion for determining the most economically
advantageous tender — Procurement procedure discon-
tinued)

(2004/C 47/17)

(Language of the case: Finnish)

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

In Case C-244/02: Reference to the Court under Article 234
EC by the Korkein hallinto-oikeus (Finland) for a preliminary
ruling in the proceedings pending before that court between
Kauppatalo Hansel Oy and Imatran kaupunki, on the interpret-
ation of Council Directive 93/36/EEC of 14 June 1993
coordinating procedures for the award of public supply
contracts (OJ 1993 L 199, p. 1), as amended by European
Parliament and Council Directive 97/52/EC of 13 October
1997 amending Directives 92/50/EEC, 93/36/EEC and 93/37/
EEC concerning the coordination of procedures for the award
of public service contracts, public supply contracts and public
works contracts respectively (OJ 1997 L 328, p. 1), the Court
(Second Chamber), composed of: R. Schintgen, President of
the Chamber, V. Skouris (Rapporteur) and N. Colneric, Judges;
L.A. Geelhoed, Advocate General; R. Grass, Registrar, has made
an order on 16 October 2003, the operative part of which is
as follows: