Case C-75/07: Action brought on 12 February 2007 — Commission of the European Communities v French Republic
Date: 2007-04-28
Institutions: Court of Justice
Subjects: European Commission, France, action for failure to fulfil an obligation, legal code, national implementing measure, veterinary drug

C 95/20

EN

Official Journal of the European Union

28.4.2007

c) disclosed onward on CD-ROM to be used for commercial

Form of order sought

purposes, and

d) processed for the purposes of a text messaging service
whereby mobile phone users can, by indicating an indivi-
dual's name and home municipality and texting to a
given number,
receive in reply data on the earned
income, income from capital and wealth of the individual
indicated, to be regarded as the processing of personal
data within the meaning of Article 3(1) of Directive
95/46/EC (1)?

2. Is Directive 95/46/EC to be interpreted as meaning that the
various operations listed in Question 1(a)
to (d) can be
regarded as the processing of personal data carried out solely
for journalistic purposes within the meaning of Article 9 of
the Directive, having regard to the fact that data on over one
million taxpayers has been collected from data which are in
the public domain under national legislation on the right of
public access? Does the fact that publication of those data is
the principal aim of the operation have any bearing on the
assessment in this case?

3. Is Article 17 of Directive 95/46/EC to be interpreted in
conjunction with the principles and purpose of the Directive
as precluding the publication of data collected for journalistic
purposes
commercial
purposes?

and its onward disclosure

for

— declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Direc-
tive 2004/28/EC of the European Parliament and of the
Council of 31 March 2004 amending Directive 2001/82/EC
on the Community code relating to veterinary medicinal
products (1), the French Republic has failed to fulfil its obli-
gations under Article 3 of that directive;

in the alternative:

declare that, by failing to communicate to the Commission
the laws, regulations and administrative provisions necessary
to comply with Directive 2004/28/EC of
the European
Parliament and of the Council of 31 March 2004 amending
Directive 2001/82/EC on the Community code relating to
veterinary medicinal products, the French Republic has failed
to fulfil its obligations under Article 3 of that directive;

— order the French Republic to pay the costs.

Pleas in law and main arguments

The period for transposing Directive 2004/28/EC expired on
30 October 2005.

4. Can Directive 95/46/EC be interpreted as meaning that
personal data files containing, solely and in unaltered form,
material that has been published in the media fall altogether
outside its scope?

(1) OJ 2004 L 136, p. 58.

(1) Directive 95/46/EC of the European Parliament and of the Council
of 24 October 1995 on the protection of individuals with regard to
the processing of personal data and on the free movement of such
data, OJ 1995 L 281, p. 31.

Action brought on 12 February 2007 — Commission of
the European Communities v Grand-Duchy of Luxembourg

(Case C-76/07)

(2007/C 95/36)

Language of the case: French

Action brought on 12 February 2007 — Commission of
the European Communities v French Republic

Parties

(Case C-75/07)

(2007/C 95/35)

Language of the case: French

Applicant: Commission of the European Communities (repre-
sented by: B. Stromsky, Agent)

Defendant: Grand-Duchy of Luxembourg

Form of order sought

Parties

Applicant: Commission of the European Communities (repre-
sented by: B. Stromsky, Agent)

Defendant: French Republic

to

necessary

provisions

— declare that, by failing to adopt the laws, regulations and
administrative
comply with
Commission Directive 2005/28/EC of 8 April 2005 laying
down principles and detailed guidelines for good clinical
practice as regards investigational medicinal products for
human use, as well as the requirements for authorisation of
the manufacturing or importation of such products (1), the
Grand-Duchy of Luxembourg has failed to fulfil its obliga-
tions under Article 31 of that directive;