CELEX: C2004/217/10
Language: en
Date: 2004-08-28 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 22 June 2004 in Case C-155/03: Commission of the European Communities v French Republic (Failure by a Member State to fulfil its obligations — Directive 2000/70/EC — Medical devices incorporating stable derivates of human blood or human plasma — Failure to transpose)

28.8.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 217/6
            
         
      JUDGMENT OF THE COURT
   
   (Fifth Chamber)
   of 22 June 2004
   in Case C-155/03: Commission of the European Communities v French Republic (1)
   
   (Failure by a Member State to fulfil its obligations - Directive 2000/70/EC - Medical devices incorporating stable derivates of human blood or human plasma - Failure to transpose)
   (2004/C 217/10)
   Language of the case: French
   In Case C-155/03: Commission of the European Communities (Agents: B. Stromsky and R. Amorosi) v French Republic (Agents: G. de Bergues and C. Bergeot-Nunes) — application for a declaration that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Directive 2000/70/EC of the European Parliament and of the Council of 16 November 2000 amending Council Directive 93/42/EEC as regards medical devices incorporating stable derivates of human blood or human plasma (OJ 2000 L 313, p. 22), or in any event by failing to notify those provisions to the Commission, the French Republic has failed to fulfil its obligations under that directive — the Court (Fifth Chamber), composed of: C. Gulmann, President of the Chamber, A. La Pergola (Rapporteur) and S. von Bahr, Judges; D. Ruiz-Jarabo Colomer, Advocate General; R. Grass, Registrar, has given a judgment on 22 June 2004, in which it:
   
               1.
            
            
               Declares that, by failing to adopt the laws, regulations and administrative measures necessary to comply with Directive 2000/70/EC of the European Parliament and of the Council of 16 November 2000 amending Council Directive 93/42/EEC as regards medical devices incorporating stable derivates of human blood or human plasma, the French Republic has failed to fulfil its obligations under Article 2 of that directive;
            
         
               2.
            
            
               Orders the French Republic to pay the costs.
            
         
      (1)   OJ C 171 of 19.7.2003.