CELEX: C2004/094/08
Language: en
Date: 2004-04-17 00:00:00
Title: Judgment of the Court (Sixth Chamber) 11 March 2004 In Case C-496/01: Commission of the European Communities v French Republic

17.4.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 94/5
            
         
      JUDGMENT OF THE COURT
   
   (Sixth Chamber)
   11 March 2004
   In Case C-496/01: Commission of the European Communities v French Republic (1)
   
   (Failure of a Member State to fulfil its obligations - France - Freedom to provide services - Right of establishment - Rules governing bio-medical analysis laboratories - Conditions for the grant of an administrative operating authorisation - Place of business in France)
   (2004/C 94/08)
   Language of the case: French
   In Case C-496/01: Commission of the European Communities (Agent: M. Patakia), with an address for service in Luxembourg, against French Republic (Agents: G. de Bergues and C. Bergeot-Nunes):
   
               —
            
            
               Application for a declaration that,
            
         
               —
            
            
               by requiring that bio-medical analysis laboratories established in other Member States have their place of business in France in order to obtain the requisite operating authorisation;
            
         by precluding any reimbursement of the costs of bio-medical analyses carried out by a bio-medical analysis laboratory established in another Member State,
   
               the French Republic has failed to fulfil its obligations under Articles 43 EC and 49 EC, the Court (Sixth Chamber), composed of: V. Skouris, acting for the President of the Sixth Chamber, C. Gulmann, J.-P. Puissochet, R. Schintgen and N. Colneric (Rapporteur), Judges; J. Mischo, Advocate General; R. Grass, Registrar, has given a judgment on 11 March 2004, in which it:
            
            
               1.
               
                           —
                        
                        
                           Declares that, by imposing on bio-medical analysis laboratories established in other Member States, a requirement that they have a place of business in France in order to obtain the necessary operating authorisation and by precluding any reimbursement of the costs of bio-medical analyses carried out by a bio-medical analysis laboratory established in another Member State, the French Republic has failed to fulfil its obligations under Article 49 EC;
                        
                     
         
               2.
            
            
               Dismisses the remainder of the application;
            
         
               3.
            
            
               Orders each party to bear its own costs.
            
         
      (1)  OJ C 44 of 16.02.2002.