Case C-87/05: Action brought on 18 February 2005 by the Commission of the European Communities against the Italian Republic
Date: 2005-04-16
Institutions: Court of Justice
Subjects: European Commission, Italy, action for failure to fulfil an obligation, marketing, marketing standard, medical device, surgery, woman

16.4.2005

EN

Official Journal of the European Union

C 93/19

Pleas in law and main arguments:

Action brought on 18 February 2005 by the Commission
of the European Communities against the Italian Republic

The period for transposition of the directive expired on 22
December 2003.

(1) OJ L 327 of 22.12.2000, p. 1.

(Case C-87/05)

(2005/C 93/35)

(Language of the case: Italian)

Action brought on 18 February 2005 by the Commission
of the European Communities against the Italian Republic

(Case C-86/05)

(2005/C 93/34)

(Language of the case: Italian)

An action against the Italian Republic was brought before the
Court of Justice of the European Communities on 18 February
2005 by the Commission of the European Communities, repre-
sented by B. Schima and D. Recchia, acting as Agents.

The applicant claims that the Court should:

— declare that, by failing to adopt the provisions necessary to
comply with Commission Directive 2003/32/EC (1) of 23
April 2003 introducing detailed specifications as regards
the requirements laid down in Council Directive 93/42/EEC
to medical devices manufactured utilising
with respect
in any event, by failing to
tissues of animal origin or,
communicate those provisions to the Commission,
the
Italian Republic has failed to fulfil
its obligations under
Article 8(1) of that directive;

— order the Italian Republic to pay the costs.

Pleas in law and main arguments:

An action against the Italian Republic was brought before the
Court of Justice of the European Communities on 18 February
2005 by the Commission of the European Communities, repre-
sented by B. Schima and D. Recchia, acting as Agents.

The applicant claims that the Court should:

— declare that, by failing to adopt the laws, regulations and
to comply with
administrative provisions necessary
Commission Directive 2003/12/EC (1) of 3 February 2003
on the reclassification of breast implants in the framework
of Directive 93/42/EEC (2) concerning medical devices or, in
any event, by failing to communicate those provisions to
the Commission, the Italian Republic has failed to fulfil its
obligations under Article 3(1) of that directive;

— order the Italian Republic to pay the costs.

Pleas in law and main arguments:

The period for transposition of the directive expired on 1
August 2003.

(1) OJ L 28 of 04.02.2003, p. 43.
(2) OJ L 169 of 12.07.1993, p. 1.

Action brought on 18 February 2005 by the Commission
of the European Communities against the Republic of
Finland

(Case C-88/05)

(2005/C 93/36)

The period for transposition of the directive expired on 1
January 2004.

(Language of the case: Finnish)

(1) OJ L 105 of 26.04.2003, p. 18.

Justice of

An action against the Republic of Finland was brought before
the European Communities on 18
the Court of
February 2005 by the Commission of the European Commu-
nities, represented by M. Huttunen and K. Simonsson, acting as
Agents, with an address for service in Luxembourg.