CELEX: C2001/134/01
Language: en
Date: 2001-05-05 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 14 December 2000 in Case C-55/99: Commission of the European Communities v French Republic (Failure of a Member State to fulfil obligations — Free movement of goods — Measures having equivalent effect — Medical reagents — Compulsory registration procedure applicable to all reagents — Obligation to state the registration number on the external packaging and the notice accompanying each reagent)

5.5.2001                 EN                     Official Journal of the European Communities                                               C 134/1
                                                                         I
                                                                   (Information)
                                                     COURT OF JUSTICE
                                                               COURT OF JUSTICE
                 JUDGMENT OF THE COURT                                       1.    Declares that, by imposing in Decree No 96-351 of 19 April
                                                                                   1996 concerning the reagents mentioned in Article L.761-14-
                          (Sixth Chamber)                                          1 of the Code de la Santé Publique the obligation to state the
                                                                                   registration number on the external packaging and to mention
                                                                                   that registration on the notice accompanying each medical
                       of 14 December 2000
                                                                                   reagent, the French Republic has failed to fulfil its obligations
                                                                                   under Article 30 of the EC Treaty (now, after amendment,
in Case C-55/99: Commission of the European Communi-                               Article 28 EC);
                     ties v French Republic (1)
                                                                             2.    Dismisses the remainder of the application;
(Failure of a Member State to fulfil obligations — Free
movement of goods — Measures having equivalent effect —                      3.    Orders the French Republic and the Commission of the
Medical reagents — Compulsory registration procedure                               European Communities to bear their own costs.
applicable to all reagents — Obligation to state the regis-
tration number on the external packaging and the notice                      (1) OJ C 100 of 10.4.1999.
                   accompanying each reagent)
                           (2001/C 134/01)
                     (Language of the case: French)
                                                                                               JUDGMENT OF THE COURT
(Provisional translation; the definitive translation will be published                                  (Fifth Chamber)
                    in the European Court Reports)
                                                                                                    of 14 December 2000
In Case C-55/99: Commission of the European Communities
(Agents: R.B. Wainwright and O. Couvert-Castéra) v French                    in Case C-99/99: Italian Republic v Commission of the
Republic (Agents: K. Rispal-Bellanger and R. Loosli-Surrans) —                                   European Communities (1)
application for a declaration that, by introducing in Decree
No 96-351 of 19 April 1996 concerning the reagents men-                      (Action for annulment — Regulation (EC) No 2815/98 —
tioned in Article L.761-14-1 of the Code de la Santé Publique                                Marketing standards for olive oil)
(Code of Public Health) (JORF, 26 April 1996, p. 6386) a
registration procedure for all medical reagents, and by                                                 (2001/C 134/02)
imposing in that decree the obligation to state the registration
number on the external packaging and the notice
accompanying each reagent, the French Republic has failed to                                      (Language of the case: Italian)
fulfil its obligations under Article 30 of the EC Treaty (now,
after amendment, Article 28 EC) — the Court (Sixth Chamber),
composed of: V. Skouris, President of the Second Chamber,                    (Provisional translation; the definitive translation will be published
acting as President of the Sixth Chamber (Rapporteur),                                           in the European Court Reports)
J.-P. Puissochet and F. Macken, Judges; N. Fennelly, Advocate
General; L. Hewlett, Administrator, for the Registrar, has given             In Case C-99/99: Italian Republic (Agents: U. Leanza, G. Castel-
a judgment on 14 December 2000, in which it:                                 lani Pastoris, and O. Fiumara) v Commission of the European