CELEX: C2005/217/32
Language: en
Date: 2005-09-03 00:00:00
Title: Judgment of the Court (First Chamber) of 14 July 2005 in Case C-114/04: Commission of the European Communities v Federal Republic of Germany (Failure of a Member State to fulfil obligations — Article 28 EC — Measures having equivalent effect — Withdrawal of a marketing authorisation for a phytopharmaceutical reference product — Lack of transition period for parallel importers with a view to liquidation of their stocks)

3.9.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 217/17
            
         
      JUDGMENT OF THE COURT
   
   (First Chamber)
   of 14 July 2005
   in Case C-114/04: Commission of the European Communities v Federal Republic of Germany (1)
   
   (Failure of a Member State to fulfil obligations - Article 28 EC - Measures having equivalent effect - Withdrawal of a marketing authorisation for a phytopharmaceutical reference product - Lack of transition period for parallel importers with a view to liquidation of their stocks)
   (2005/C 217/32)
   Language of the case: German
   In Case C-114/04: Commission of the European Communities (Agents: B. Schima) v Federal Republic of Germany (Agent: W.-D. Plessing and M. Lumma) — ACTION under Article 226 EC for failure to fulfil obligations, brought on 3 March 2004 — the Court (First Chamber), composed of P. Jann, President of the Chamber, N. Colneric, J.N. Cunha Rodrigues, M. Ilešič and E. Levits (Rapporteur), Judges; P. Léger, Advocate General; R. Grass, Registrar, gave a judgment on 14 July 2005, in which it:
   
               1.
            
            
               Declares that, by failing to grant parallel importers a reasonable period in which to liquidate their stocks following withdrawal of a marketing authorisation for a phytopharmaceutical reference product, the Federal Republic of Germany failed to fulfil its obligations under Article 28 EC;
            
         
               2.
            
            
               Orders the Federal Republic of Germany to pay the costs.
            
         
      (1)  OJ C 106, 30.4.2004.