Case C-68/07: Judgment of the Court (Third Chamber) of 29 November 2007 (reference for a preliminary ruling from the Högsta domstolen — Sweden) — Kerstin Sundelind Lopez v Miguel Enrique Lopez Lizazo (Regulation (EC) No 2201/2003 — Articles 3, 6 and 7 — Jurisdiction — Recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility — Jurisdiction in divorce proceedings — Respondent not a national or a resident of a Member State — National rules providing for exorbitant jurisdiction)
Date: 2007-11-29
Institutions: Court of Justice
Subjects: divorce, interpretation of the law, jurisdiction, matrimonial law

26.1.2008

EN

Official Journal of the European Union

C 22/15

Judgment of the Court (Fifth Chamber) of 29 November
the European Communities v
2007 — Commission of

French Republic

(Case C-67/07) (1)

(Failure of a Member State to fulfil obligations — Directive
2004/24/EC — Traditional herbal medicinal products —
Community code — Failure to transpose within the prescribed
period)

(2008/C 22/28)

Language of the case: French

of

the

Judgment
of
29 November 2007 (reference for a preliminary ruling
from the Högsta domstolen — Sweden) — Kerstin
Sundelind Lopez v Miguel Enrique Lopez Lizazo

Chamber)

(Third

Court

(Case C-68/07) (1)

(Regulation (EC) No 2201/2003 — Articles 3, 6 and 7 —
Jurisdiction — Recognition and enforcement of judgments in
matrimonial matters and matters of parental responsibility —
Jurisdiction in divorce proceedings — Respondent not a
national or a resident of a Member State — National rules
providing for exorbitant jurisdiction)

(2008/C 22/29)

Language of the case: Swedish

Parties

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

Referring court

Högsta domstolen

Defendant: French Republic (represented by: G. de Bergues abd
R. Loosli-Surrans, Agents)

Parties to the main proceedings

Re:

Failure of a Member State to fulfil obligations — Failure to
adopt within the prescribed period the provisions necessary to
comply with Directive 2004/24/EC of the European Parliament
and of the Council of 31 March 2004 amending, as regards
traditional herbal medicinal products, Directive 2001/83/EC on
the Community code relating to medicinal products for human
use (OJ 2004 L 136, p. 85)

Operative part of the judgment

The Court:

1. Declares that, by failing to adopt, within the prescribed period, the
laws, regulations and administrative provisions necessary to comply
with Directive 2004/24/EC of the European Parliament and of the
Council of 31 March 2004 amending, as regards traditional
herbal medicinal products, Directive 2001/83/EC on the Com-
munity code relating to medicinal products for human use, the
French Republic has failed to fulfil its obligations under Article 2
of that directive;

2. Orders the French Republic to pay the costs.

Applicant: Kerstin Sundelind Lopez

Defendant: Miguel Enrique Lopez Lizazo

Re:

Reference for a preliminary ruling — Högsta domstolen —
Interpretation of Articles 3, 6 and 7 of Council Regulation (EC)
No 2201/2003 of 27 November 2003 concerning jurisdiction
and the recognition and enforcement of judgments in matrimo-
nial matters and the matters of parental responsibility, repealing
Regulation (EC) No 1347/2000 (OJ 2003 L 338, p. 1) — Juris-
diction for divorce proceedings where the respondent is neither
resident within a Member State nor a citizen of a Member State

Operative part of the judgment

by Council Regulation

Articles 6 and 7 of Council Regulation (EC) No 2201/2003 of
27 November 2003 concerning jurisdiction and the recognition and
enforcement of judgments in matrimonial matters and the matters of
parental responsibility, repealing Regulation (EC) No 1347/2000, as
(EC) No 2116/2004 of
amended
2 December 2004, as regards treaties with the Holy See, are to be
interpreted as meaning that where, in divorce proceedings, a respondent
is not habitually resident in a Member State and is not a national of a
Member State, the courts of a Member State cannot base their jurisdic-
tion to hear the petition on their national law, if the courts of another
Member State have jurisdiction under Article 3 of that regulation.

(1) OJ C 95 of 28.4.2007.

(1) OJ C 82, 14.4.2007.