Judgment of the Court (Fifth Chamber) of 12 October 2004 in Case C-263/03: Commission of the European Communities v French Republic (Failure of a Member State to fulfil its obligations — Parallel imports — Imports of medicinal products from other Member States which are the same as medicinal products which have already been authorised — Marketing authorisation — Lack of regulatory framework)
Date: 2004-12-04
Institutions: Court of Justice
Subjects: European Commission, France, action for failure to fulfil an obligation, import, import restriction, medicinal product

4.12.2004

EN

Official Journal of the European Union

C 300/21

— by failing to take due account of the requirements of Annex III
to the Protocol for the protection of the Mediterranean Sea
against pollution from land-based sources, signed at Athens
on 17 May 1980 and approved on behalf of the European
Economic Community by Council Decision 83/101/EEC of
28 February 1983, by amending the authorisation for the
discharge of substances covered by Annex II to the Protocol
following the conclusion of the latter,

the French Republic has failed to fulfil its obligations under
Articles 4(1) and 8 of the Convention for the protection of the
Mediterranean Sea against pollution, signed at Barcelona on
16 February 1976 and approved on behalf of the European
Economic Community by Council Decision 77/585/EEC of
25 July 1977, under Article 6(1) and (3) of the Protocol for
the protection of the Mediterranean Sea against pollution from
land-based sources, signed at Athens on 17 May 1980 and
approved on behalf of the European Economic Community by
Council Decision 83/101/EEC of 28 February 1983, and
under Article 300(7) EC;

2. Orders the French Republic to pay the costs.

(1) OJ C 184 of 2.8.2003.

JUDGMENT OF THE COURT

(Fifth Chamber)

of 12 October 2004

in Case C-263/03: Commission of the European Commu-
nities v French Republic (1)

(Failure of a Member State to fulfil its obligations — Parallel
imports — Imports of medicinal products from other Member
States which are the same as medicinal products which have
already been authorised — Marketing authorisation — Lack
of regulatory framework)

(2004/C 300/42)

(Language of the case: French)

In Case C-263/03: action under Article 226 EC for failure to
fulfil obligations, brought on 17 June 2003, Commission of the
European Communities (Agent: B. Stromsky) against French
Republic (Agents: G. de Bergues and R. Loosli-Surrans) — the
Court (Fifth Chamber), composed of: R. Silva de Lapuerta, Presi-
dent of
the Chamber, C. Gulmann (Rapporteur) and R.
Schintgen, Judges; L.A. Geelhoed, Advocate General; R. Grass,
Registrar, gave a judgment on 12 October 2004, the operative
part of which is as follows:

1. By failing to lay down specific rules relating to the authorisation
of imports of medicinal products from other Member States of the

European Community when those products are the same as medic-
inal products which have already been authorised in France
(parallel imports), the French Republic has failed to fulfil its obli-
gations under Article 28 EC;

2. The French Republic is ordered to pay the costs.

(1) OJ C 200 of 23.8.2003.

JUDGMENT OF THE COURT

(Third Chamber)

of 14 October 2004

in Case C-275/03: Commission of the European Commu-
nities v Portuguese Republic (1)

(Failure by a Member State to fulfil its obligations — Direc-
tive 89/665/EEC — Review procedures for the award of
public supply and public works contracts — Incomplete
transposition)

(2004/C 300/43)

(Language of the case: Portuguese)

In Case C-275/03: Commission of the European Communities
(Agents: A. Caeiros and K. Wiedner) v Portuguese Republic
(Agents: L. Fernandes and C. Gagliardi Graça ) — action under
Article 226 EC for failure to fulfil obligations, brought on 25
June 2003 — the Court (Third Chamber), composed of: A.
Rosas, President of the Chamber, A. Borg Barthet, J.-P. Puisso-
chet (Rapporteur), S. von Bahr and U. Lõhmus, Judges; C. Stix-
Hackl, Advocate General; R.Grass, Registrar, has given a judg-
ment on 14 October 2004, in which it:

1. Declares that, by failing to repeal the Decree-Law No 48051 of
21 November 1967, making the award of damages to persons
harmed by a breach of Community law relating to public
contracts, or the national
laws implementing it, conditional on
proof of fault or fraud, the Portuguese Republic has failed to fulfil
its obligations under Article 1(1) and Article 2(1)(c) of Council
Directive 89/665/EEC of 21 December 1989 on the coordination
of the laws, regulations and administrative provisions relating to
the application of review procedures to the award of public supply
and public works contracts;

2. Orders the Portuguese Republic to pay the costs.

(1) OJ C 213 of 6.9.2003.