Judgment of the Court (Fifth Chamber) of 22 June 2004 in Case C-155/03: Commission of the European Communities v French Republic (Failure by a Member State to fulfil its obligations — Directive 2000/70/EC — Medical devices incorporating stable derivates of human blood or human plasma — Failure to transpose)
Date: 2004-08-28
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

C 217/6

EN

Official Journal of the European Union

28.8.2004

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Fifth Chamber)

(Second Chamber)

of 22 June 2004

of 8 July 2004

in Case C-155/03: Commission of the European Commu-
nities v French Republic (1)

in Case C-166/03: Commission of the European Commu-
nities v French Republic (1)

(Failure by a Member State to fulfil
its obligations —
incorporating
Directive 2000/70/EC — Medical devices
stable derivates of human blood or human plasma — Failure
to transpose)

(Failure of a Member State to fulfil its obligations — Article
28 EC — Marketing of articles made of precious metals —
‘Gold’ and ‘gold alloy’)

(2004/C 217/10)

(Language of the case: French)

(2004/C 217/11)

(Language of the case: French)

the European Parliament and of

In Case C-155/03: Commission of the European Communities
(Agents: B. Stromsky and R. Amorosi) v French Republic
(Agents: G. de Bergues and C. Bergeot-Nunes) — application
for a declaration that, by failing to adopt the laws, regulations
and administrative provisions necessary to comply with Direc-
tive 2000/70/EC of
the
Council of 16 November 2000 amending Council Directive
93/42/EEC as regards medical devices incorporating stable deri-
vates of human blood or human plasma (OJ 2000 L 313, p.
22), or in any event by failing to notify those provisions to the
Commission, the French Republic has failed to fulfil its obliga-
(Fifth Chamber),
tions under
the Chamber,
composed of: C. Gulmann, President of
A. La Pergola (Rapporteur) and S. von Bahr, Judges; D. Ruiz-
Jarabo Colomer, Advocate General; R. Grass, Registrar, has
given a judgment on 22 June 2004, in which it:

that directive — the Court

1. Declares that, by failing to adopt
the laws,
regulations and
administrative measures 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 incorporating stable derivates of human
blood or human plasma, the French Republic has failed to fulfil its
obligations under Article 2 of that directive;

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

In Case C-166/03: Commission of the European Communities
(Agent: B. Stromsky) v French Republic (Agents: G. de Bergues
and F. Million ) — application for a declaration that, by reser-
ving the term ‘gold’ for articles of a fineness of 750 parts per
thousand, whilst those of a fineness of 375 or 585 parts per
thousand are described as ‘gold alloy’, the French Republic has
failed to fulfil its obligations under Article 28 EC — the Court
(Second Chamber), composed of: C.W.A. Timmermans, Presi-
dent of the Chamber, J.-P. Puissochet, J.N. Cunha Rodrigues
(Rapporteur), R. Schintgen and N. Colneric, Judges; F.G. Jacobs,
Advocate General; R. Grass, Registrar, has given a judgment on
8 July 2004, in which it:

1. Declares that, by reserving the term ‘gold’ for articles of a fineness
of 750 parts per thousand, whilst those of a fineness of 375 or
585 parts per
the French
Republic has failed to fulfil its obligations under Article 28 EC;

thousand are termed ‘gold alloy’,

2. Orders the French Republic to pay the costs.

2. Orders the French Republic to pay the costs.

(1) OJ C 171 of 19.7.2003.

(1) OJ C 135 of 7.6.2003.