Case C-414/05: Action brought on  23 November 2005  by the Commission of the European Communities against the French Republic
Date: 2006-01-14
Institutions: Court of Justice
Subjects: European Commission, France, action for failure to fulfil an obligation, marketing standard, pharmaceutical industry, pharmaceutical legislation, pharmaceutical product, product quality

C 10/16

EN

Official Journal of the European Union

14.1.2006

Action brought on 21 November 2005 by the Commission
the Hellenic
of

against

the European Communities
Republic

Action brought on 23 November 2005 by the Commission
of the European Communities against the French Republic

(Case C-409/05)

(2006/C 10/31)

(Case C-414/05)

(2006/C 10/32)

(Language of the case: Greek)

(Language of the case: French)

Justice of

An action against the Hellenic Republic was brought before the
Court of
the European Communities on 21
November 2005 by the Commission of the European Commu-
nities, represented by D. Triandafilou. Legal adviser, and G.
Wilms, of its Legal Service, with an address for service in
Luxembourg.

Justice of

An action against the French Republic was brought before the
Court of
the European Communities on 23
November 2005 by the Commission of the European Commu-
nities, represented by B. Stromsky, acting as Agent, with an
address for service in Luxembourg.

The applicant claims that the Court should:

The Commission claims that the Court should:

— Declare that, by refusing to account for and to pay own
resources evaded owing to the customs-free importation of
war material and by refusing to pay interest on late
payment arising out of the non-payment thereof to the
Commission, the Hellenic Republic has failed to fulfil its
obligations under Articles 2, 9, 10 and 11 of Council Regu-
lation (EC) No 1552/1989 of 17 May 1989 (1) until 31 May
2000 and, thereafter, under Regulation No 1150/2000 (2)

1. declare that, by failing to take the legislative, regulatory and
administrative
comply with
provisions necessary
Commission Directive 2003/94/EC of 8 October 2003
laying down the principles and guidelines of good manufac-
turing practice in respect of medicinal products for human
use and investigational medicinal products
for human
use (1), the French Republic has failed to fulfil its obligations
under that directive,

to

— Order the Hellenic Republic to pay the costs.

and

Pleas in law and main arguments

— The defendant has not demonstrated that the payment of
duties at low (or nil) rates would substantially harm the
defence of the country within the meaning of Article 296.

— Military secrecy does not afford exemption from the obliga-
tion as a matter of principle of calculating and paying the
relevant duties.

2. declare that, in any event, by failing to communicate to the
Commission the legislative, regulatory and administrative
provisions necessary to comply with Commission Directive
2003/94/EC of 8 October 2003 laying down the principles
and guidelines of good manufacturing practice in respect of
for human use and investigational
medicinal products
medicinal products for human use, the French Republic has
failed to fulfil its obligations under that directive,

3. order the French Republic to pay the costs.

— The defendant cannot invoke the principle of protection of
legitimate expectations on the basis of the delay in initiating
proceedings.

Pleas in law and main arguments

— Non-fulfilment of financial obligations to the Community
imposes an undue burden on the other Member States.

The Commission points out that the period for transposing
that directive expired on 30 April 2004.

(1) OJ 1989 L 155, p. 1
(2) OJ 2000 L 130, p. 1

(1) OJ L 262, 14.10.2003, p. 22