CELEX: 62007TO0137
Language: en
Date: 2008-12-17 00:00:00
Title: Order of the Court of First Instance (Eighth Chamber) of 17 December 2008. # Portela - Comércio de artigos ortopédicos e hospitalares, Lda v Commission of the European Communities. # Non-contractual liability - Marketing of defective digital thermometers bearing the marking ‘CE’ - Failure to act on the part of the Commission - Causal connection - Action in part manifestly inadmissible and in part manifestly unfounded in law. # Case T-137/07.

Order of the Court of First Instance (Eighth Chamber) of 17 December 2008 – Portela v Commission
      (Case T-137/07)
      Non-contractual liability – Marketing of defective digital thermometers bearing the marking ‘CE’ – Failure to act on the part of the Commission – Causal connection – Action in part manifestly inadmissible and in part manifestly unfounded in law
      1.                     Actions for damages – Jurisdiction of the Community judicature (Arts 235 EC and 288, second para., EC) (see para 46)
      2.                     Actions for damages – Autonomous form of action (Arts 235 EC and 288, second para., EC) (see paras 49-50)
      3.                     Non-contractual liability – Conditions (Art. 288, second para., EC) (see paras 79-81)
      Re:
      
         
               CLAIM requesting that the Court of First Instance should impose on the Commission the obligation to act in accordance with
                  Article 14b of Council Directive 93/42/EEC of 14 June 1993 concerning medical devices (OJ 1993 L 169, p. 1), as amended by
                  Directive 98/79/EC of the European Parliament and of the Council of 27 October 1998 on in vitro diagnostic medical devices
                  (OJ 1998 L 331, p. 1), by ordering the certification company TÜV Rheinland Product Safety GmbH, through the Federal Republic
                  of Germany, to activate, in favour of the applicant, the mandatory civil liability insurance provided for in point 6 of Annex
                  XI to Directive 93/42, which that company took out, and, if the alleged damage cannot be remedied by the principal claim,
                  in the alternative, a claim for compensation for the damage sustained by the applicant on account of the various omissions
                  on the part of the Commission.
               
            Operative part
      
         
                  1.
               
               
                  
               
               
                  	The action is dismissed.
               
            
         
                  2.
               
               
                  
               
               
                  	Portela – Comércio de artigos ortopédicos e hospitalares, Lda is ordered to pay the costs.