CELEX: C2004/300/42
Language: en
Date: 2004-12-04 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 12 October 2004 in Case C-263/03: Commission of the European Communities v French Republic (Failure of a Member State to fulfil its obligations — Parallel imports — Imports of medicinal products from other Member States which are the same as medicinal products which have already been authorised — Marketing authorisation — Lack of regulatory framework)

4.12.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 300/21
            
         
      JUDGMENT OF THE COURT
   
   (Fifth Chamber)
   of 12 October 2004
   in Case C-263/03: Commission of the European Communities v French Republic (1)
   
   (Failure of a Member State to fulfil its obligations - Parallel imports - Imports of medicinal products from other Member States which are the same as medicinal products which have already been authorised - Marketing authorisation - Lack of regulatory framework)
   (2004/C 300/42)
   Language of the case: French
   In Case C-263/03: action under Article 226 EC for failure to fulfil obligations, brought on 17 June 2003, Commission of the European Communities (Agent: B. Stromsky) against French Republic (Agents: G. de Bergues and R. Loosli-Surrans) — the Court (Fifth Chamber), composed of: R. Silva de Lapuerta, President of the Chamber, C. Gulmann (Rapporteur) and R. Schintgen, Judges; L.A. Geelhoed, Advocate General; R. Grass, Registrar, gave a judgment on 12 October 2004, the operative part of which is as follows:
   
               1.
            
            
               By failing to lay down specific rules relating to the authorisation of imports of medicinal products from other Member States of the European Community when those products are the same as medicinal products which have already been authorised in France (parallel imports), the French Republic has failed to fulfil its obligations under Article 28 EC;
            
         
               2.
            
            
               The French Republic is ordered to pay the costs.
            
         
      (1)  OJ C 200 of 23.8.2003.