Judgment of the Court (Second Chamber) of 7 October 2004 in Case C-239/03: Commission of the European Communities v French Republic (Failure of a Member State to fulfil obligations — Convention for the protection of the Mediterranean Sea against pollution — Articles 4(1) and (8) — Protocol for the protection of the Mediterranean Sea against pollution from land-based sources — Article 6(1) and (3) — Failure to adopt appropriate measures to prevent, abate and combat heavy and prolonged pollution of the Étang de Berre — Discharge authorisation)
Date: 2004-12-04
Institutions: Court of Justice
Subjects: European Commission, France, Mediterranean Sea, action for failure to fulfil an obligation, pollution from land-based sources, water pollution

C 300/20

EN

Official Journal of the European Union

4.12.2004

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Sixth Chamber)

of 14 October 2004

(Second Chamber)

of 7 October 2004

in Case C-193/03 (reference for a preliminary ruling from
the Sozialgericht Stuttgart): Betriebskrankenkasse der
Robert Bosch GmbH v Bundesrepublik Deutschland (1)

in Case C-239/03: Commission of the European Commu-
nities v French Republic (1)

security — Reimbursement of medical expenses
(Social
incurred in another Member State — Article 34 of Regu-
lation (EEC) No 574/72 — Health insurance fund applying a
simplified full reimbursement procedure for bills for small
amounts)

(2004/C 300/40)

(Language of the case: German)

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

In Case C-193/03: Betriebskrankenkasse der Robert Bosch
GmbH v Bundesrepublik Deutschland — reference to the Court
under Article 234 EC from the Sozialgericht Stuttgart
(Germany), made by decision of 19 March 2003, received at
the Court on 9 May 2003 — the Court (Sixth Chamber),
composed of: A. Borg Barthet (Rapporteur), President of the
Chamber, J.-P. Puissochet and S. von Bahr, Judges; Advocate
General: M. Poiares Maduro, Registrar: R. Grass, has given a
judgment on 14 October 2004, in which it has ruled:

social

security schemes

Article 34 of Regulation (EEC) No 574/72 of the Council of 21
March 1972 fixing the procedure for implementing Regulation (EEC)
to
No 1408/71 on the application of
employed persons and their families moving within the Community,
as amended and updated by Council Regulation (EEC) No 2001/83
of 2 June 1983, as amended by Council Regulation (EC) No
1399/1999 of 29 April 1999, is to be interpreted as not precluding
in the application of
a practice whereby a health insurance fund,
national rules, reimburses medical costs incurred by its members
during a stay in another Member State in full when those costs do
not exceed DEM 200.

(Failure of a Member State to fulfil obligations — Conven-
tion for the protection of the Mediterranean Sea against
pollution — Articles 4(1) and (8) — Protocol for the protec-
tion of the Mediterranean Sea against pollution from land-
based sources — Article 6(1) and (3) — Failure to adopt
appropriate measures to prevent, abate and combat heavy
and prolonged pollution of the Étang de Berre — Discharge
authorisation)

(2004/C 300/41)

(Language of the case: French)

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

In Case C-239/03: action under Article 226 EC for failure to
fulfil obligations, brought on 4 June 2003, between Commis-
sion of the European Communities (Agents: G. Valero Jordana
and B. Stromsky) and French Republic (Agents: G. de Bergues
and E. Puisais) — the Court (Second Chamber), composed of:
C.W.A. Timmermans, President of the Chamber, R. Schintgen
(Rapporteur), R. Silva de Lapuerta, P. Kūris and G. Arestis,
Judges; D. Ruiz-Jarabo Colomer, Advocate General; R. Grass,
Registrar, has given a judgment on 7 October 2004, in which
it:

1. Declares that:

(1) OJ C 200 of 23.8.2003.

— by failing to take all appropriate measures to prevent, abate
and combat heavy and prolonged pollution of the Étang de
Berre, and

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.