CELEX: C2007/199/10
Language: en
Date: 2007-08-25 00:00:00
Title: Case C-327/05: Judgment of the Court (First Chamber) of 5 July 2007 — Commission of the European Communities v Kingdom of Denmark (Failure of a Member State to fulfil obligations — Directive 85/374/EEC — Liability for defective products — Liability of the supplier for a defective product)

25.8.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 199/7
            
         Judgment of the Court (First Chamber) of 5 July 2007 — Commission of the European Communities v Kingdom of Denmark
   (Case C-327/05) (1)
   
   (Failure of a Member State to fulfil obligations - Directive 85/374/EEC - Liability for defective products - Liability of the supplier for a defective product)
   (2007/C 199/10)
   Language of the case: German
   Parties
   
      Applicant: Commission of the European Communities (represented by: N. Rasmussen, A. Caeiros and H. Støvlbæk, acting as Agents)
   
      Defendant: Kingdom of Denmark (represented by: J. Molde, acting as Agent)
   Re:
   Failure of a Member State to fulfil obligations — Incorrect transposition of Council Directive 85/374/EEC of 25 July 1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products (OJ 1985 L 210, p. 29) — National legislation which makes the distributor of a defective product liable in the same way as the producer
   Operative part of the judgment
   The Court:
   
               1.
            
            
               By adopting and maintaining in force provisions which make intermediaries in the distribution chain liable under the same conditions as a manufacturer, contrary to Article 3(3) of Council Directive 85/374/EEC of 25 July 1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products, the Kingdom of Denmark has failed to fulfil its obligations under that directive.
            
         
               2.
            
            
               The Kingdom of Denmark is ordered to pay the costs.
            
         
      (1)  OJ C 257, 15.10.2005.