Judgment of the Court (Grand Chamber) of 24 May 2005 in Case C-244/03: French Republic v European Parliament and Council of the European Union (Cosmetic products — Testing on animals — Directive 2003/15/EC — Partial annulment — Article 1(2) — Non-severability — Inadmissibility)
Date: 2005-07-23
Institutions: Court of Justice
Subjects: Council of the European Union, European Parliament, France, action for annulment (EU), animal experimentation, approximation of laws, cosmetic product, marketing restriction

C 182/6

EN

Official Journal of the European Union

23.7.2005

— a prior authorisation procedure to personal

imports, not
effected by personal
transport, of homeopathic medicinal
products lawfully prescribed in France and registered in a
Member State pursuant to Council Directive 92/73/EEC of
22 September 1992 widening the
scope of Directives
65/65/EEC and 75/319/EEC on the approximation of provi-
sions laid down by law, regulation or administrative action
relating to medicinal products and laying down additional
provisions on homeopathic medicinal products; and

— a disproportionate prior authorisation procedure to personal
imports, not effected by personal
transport, of medicinal
products lawfully prescribed in France and not authorised in
that Member State but only in the Member State where they
are purchased,

the French Republic has failed to fulfil its obligations under Article
28 EC;

2. Orders the French Republic to pay the costs.

(1) OJ C 171 of 19.07.2003.

JUDGMENT OF THE COURT

(First Chamber)

of 2 June 2005

2. Orders the French Republic to pay the costs.

in Case C-266/03: Commission of the European Commu-
nities v Grand Duchy of Luxembourg (1)

(1) OJ C 158 of 05.07.2003.

JUDGMENT OF THE COURT

(Grand Chamber)

of 24 May 2005

in Case C-244/03: French Republic v European Parliament
and Council of the European Union (1)

(Cosmetic products — Testing on animals — Directive
2003/15/EC — Partial annulment — Article 1(2) — Non-
severability — Inadmissibility)

(Failure of a Member State to fulfil its obligations — Nego-
tiation, conclusion, ratification and implementation of bilat-
eral agreements by a Member State — Transport of goods or
passengers by inland waterway — External competence of the
Community — Article 10 EC — Regulations (EEC) No 3921/
91 and (EC) No 1356/96)

(2005/C 182/12)

(Language of the case: French)

In Case C-266/03: Commission of the European Communities
(Agents: C. Schmidt and W. Wils) v Grand Duchy of Luxem-
bourg (Agent: S. Schreiner) — action under Article 226 EC for
failure to fulfil obligations, brought on 18 June 2003 — the
Court (First Chamber), composed of P. Jann, President of the
Chamber, R. Silva de Lapuerta (Rapporteur), K. Lenaerts, S. von
Bahr and K. Schiemann, Judges; P. Léger, Advocate General; R.
Grass, Registrar, gave a judgment on 2 June 2005, in which it:

(2005/C 182/11)

for the entry into force of

1. Declares that, by negotiating, concluding, ratifying and arranging

(Language of the case: French)

In Case C-244/03: French Republic (Agents: F. Alabrune, C.
Lemaire and G. de Bergues, and subsequently the latter, J. L.
Florent and D. Petrausch) v European Parliament (Agents: J.L.
Rufas Quintana and M. Moore, and subsequently the latter and
K. Bradley) and Council of the European Union (Agents: J.-P.
Jacqué and M.C. Giorgi Fort) — Action for annulment under
Article 230 EC, brought on 3 June 2003 — the Court (Grand
Chamber), composed of V. Skouris, President, P.
Jann and
C.W.A. Timmermans, Presidents of Chambers, C. Gulmann, A.
La Pergola,
J.-P. Puissochet, R Schintgen, K. Schiemann
(Rapporteur), J. Makarczyk, P. Kūris, U. Lõhmus, E. Levits and
A. Ó Caoimh,
Judges; L.A. Geelhoed, Advocate General; K.
Sztranc, Administrator, for the Registrar, gave a judgment on
24 May 2005, in which it:

1. Dismisses the action;

— the agreement between the Government of the Grand Duchy of
Luxembourg and the Government of the Czech and Slovak
Federative Republic on inland waterway transport, signed in
Luxembourg on 30 December 1992;

— the agreement between the Government of the Grand Duchy of
Luxembourg and the Government of Romania on inland
waterway transport, signed in Bucharest on 10 November
1993; and

— the agreement between the Government of the Grand Duchy of
Luxembourg and the Government of the Republic of Poland
on inland waterway transport, signed in Luxembourg on 9
March 1994,

without having cooperated or consulted with the Commission, the
Grand Duchy of Luxembourg has failed to fulfil its obligations
under Article 10 EC;