CELEX: C2003/213/39
Language: en
Date: 2003-09-06 00:00:00
Title: Case C-308/03: Action brought on 22 July 2003 by the Commission of the European Communities against the French Office for the safety of health products

C 213/22              EN                         Official Journal of the European Union                                       6.9.2003
capital sum owed, the defendant also owes interest accrued               Action brought on 23 July 2003 by the Commission of
since the debt came into being and until full payment is made.           the European Communities against the Grand Duchy of
                                                                                                     Luxembourg
                                                                                                  (Case C-310/03)
                                                                                                  (2003/C 213/40)
Action brought on 22 July 2003 by the Commission of
the European Communities against the French Office for
                 the safety of health products
                                                                         An action against the Grand Duchy of Luxembourg was
                                                                         brought before the Court of Justice of the European Communi-
                        (Case C-308/03)                                  ties on 23 July 2003 by the Commission of the European
                                                                         Communities, represented by D. Martin, acting as Agent, with
                        (2003/C 213/39)                                  an address for service in Luxembourg.
                                                                         The Commission of the European Communities claims that
An action against the French Office for the safety of health             the Court should:
products (AFSSAPS) was brought before the Court of Justice
of the European Communities on 22 July 2003 by the                       —     declare that, by failing to adopt the laws, regulations
Commission of the European Communities, represented by                         and administrative provisions necessary to comply with
R. Lyal and C. Giolitto, acting as Agents, with an address for                 Directive 1999/44/EC of the European Parliament and of
service in Luxembourg.                                                         the Council of 25 May 1999 on certain aspects of the
                                                                               sale of consumer goods and associated guarantees ( 1), the
                                                                               Grand Duchy of Luxembourg has failed to fulfil its
The Commission of the European Communities claims that                         obligations under that directive;
the Court should order the defendant;
                                                                         —     order the Grand Duchy of Luxembourg to pay the costs.
1.    to pay the applicant a sum of EUR 47 218,32 (Forty-
      seven thousand two hundred and eighteen euros and
      thirty-two cents) corresponding to EUR 41 000 in respect
      of the principal and EUR 6 218,32 in respect of accrued            Pleas in law and main arguments
      interest for delay up to 31 March 2003, at the rate of
      5,25 %;
                                                                         The time-limit for transposition of the Directive expired on
2.    to pay EUR 6,74 (Six euros and seventy-four cents) per             1 January 2002.
      day in respect of accrued interest, at the same rate, from
      1 April 2003 until payment in full;
                                                                         (1 ) OJ L 171, 7.7.1999, p. 12.
3.    to pay the costs of this case.
Pleas in law and main arguments
The court with jurisdiction in this case is the Court of Justice
notwithstanding the wording of the arbitration clause, since             Action brought on 23 July 2003 by the Commission of
that cannot have been intended to change or have the effect of            the European Communities against the French Republic
changing the division of jurisdiction between the Court of
Justice and the Court of First Instance as provided for by the                                    (Case C-311/03)
Treaty.
                                                                                                  (2003/C 213/41)
By refusing to produce the evidence of costs requested by the
Commission, the AFSSAPS has failed to fulfil its obligation
under the contract concluded pursuant to the provisions of
the specific programme for research and development in the               An action against the French Republic was brought before the
field of telematic applications of common interest and is liable         Court of Justice of the European Communities on 23 July
to repay the amount of the advance to the Commission.                    2003 by the Commission of the European Communities,
                                                                         represented by D. Martin, acting as Agent, with an address for
                                                                         service in Luxembourg.