CELEX: C2003/171/13
Language: en
Date: 2003-07-19 00:00:00
Title: Case C-155/03: Action brought on 3 April 2003 by the Commission of the European Communities against the French Republic

19.7.2003               EN                           Official Journal of the European Union                                            C 171/9
                    ORDER OF THE COURT                                       2003 by the Commission of the European Communities,
                                                                             represented by B. Stromsky and R. Amorosi, acting as Agents.
                        (Fourth Chamber)
                                                                             The applicant claims that the Court should:
                         of 26 March 2003
                                                                             1.    declare that, by failing to adopt and bring into force
in Case C-170/01 P: Compañía Internacional de Pesca y                              within the prescribed period the laws, regulations and
Derivados SA (INPESCA) v Commission of the European                                administrative provisions necessary to comply with
                          Communities (1)                                          Directive 2000/70/EC of the European Parliament and of
                                                                                   the Council of 16 November 2000 amending Council
(Appeal — Action for annulment — Action for damages —                              Directive 93/42/EEC as regards medical devices incorpor-
Confirmatory measure — Absence of substantive new facts                            ating stable derivates of human blood or human plas-
       — Inadmissible — Appeal manifestly unfounded)                               ma ( 1) and, in any event, by failing to communicate them
                                                                                   to the Commission, the French Republic has failed to
                                                                                   fulfil its obligations under that directive;
                          (2003/C 171/12)
                                                                             2.    order the French Republic to pay the costs.
                   (Language of the case: Spanish)
(Provisional translation; the definitive translation will be published
                   in the European Court Reports)                            Pleas in law and main arguments
In Case C-170/01 P: Compañía Internacional de Pesca y                        Article 2 of Directive 2000/70/EC provides that Member
Derivados SA (INPESCA), established in Bermeo (Spain),                       States are to adopt and publish the laws, regulations and
(lawyers: M.I. Angulo Fuertes and M.B. Angulo Fuerte) —                      administrative provisions necessary to comply with that
appeal against the judgment of the Court of First Instance of                directive before 13 December 2001 and that they are immedi-
the European Communities (Second Chamber) in Case T-186/                     ately to inform the Commission thereof. The Commission has
98 Inpesca v Commssion [2001] ECR II-557, seeking to have                    no information to enable it to conclude that the French
that judgment set aside, the other party to proceedings being:               authorities have definitively adopted the necessary measures
Commission of the European Communities (agents: S. Pardo                     to implement the directive or, in any event, communicated
Quintillán and J. Guerra Fernández) — the Court (Fourth                      such measures to it and thus finds that the French Republic
Chamber), composed of C.W.A. Timmermans, President of the                    has failed to fulfil its obligations under that directive. The
Chamber, A. La Pergola (rapporteur) and S. Von Bahr, Judges;                 Commission further submits that the French Republic cannot
L.A. Geelhoed, Advocate General; R. Grass, Registrar; has made               rely on the amendment made to Directive 2000/70/EC in
an order on 26 February 2003 by which it:                                    order to justify its failure to transpose it within the prescribed
                                                                             period since the amendment did not affect the deadline for
                                                                             transposition.
1.    Dismisses the appeal;
2.    Orders Compañía Internacional de Pesca y Derivados SA                  (1 ) OJ 2000 L 313, p. 22.
      (INPESCA) to pay the costs.
( 1) OJ C 200, 14.7.2001.
                                                                             Action brought on 14 April 2003 by the Hellenic Republic
                                                                                against the Commission of the European Communities
Action brought on 3 April 2003 by the Commission of
  the European Communities against the French Republic
                                                                                                       (Case C-175/03)
                          (Case C-155/03)
                                                                                                       (2003/C 171/14)
                          (2003/C 171/13)
                                                                             An action against the Commission of the European Communi-
An action against the French Republic was brought before the                 ties was brought before the Court of Justice of the European
Court of Justice of the European Communities on 3 April                      Communities on 14 April 2003 by the Hellenic Republic,