CELEX: C2002/144/07
Language: en
Date: 2002-06-15 00:00:00
Title: Judgment of the Court (Fifth Chamber) 25 April 2002 in Case C-52/00: Commission of the European Communities v French Republic (Failure by a Member State to fulfil its obligations — Directive 85/374/EEC — Product liability — Incorrect transposition)

15.6.2002                 EN                     Official Journal of the European Communities                                            C 144/5
      accordingly to be classified as waste within the meaning of           —    by including damage of less than EUR 500 in Article 3 of
      Council Directive 75/442/EEC of 15 July 1975 on waste.                     Law No 98-389 of 19 May 1998 on liability for defective
                                                                                 products (JORF of 21 May 1998, p. 7744);
2.    The place of storage of leftover stone, its composition and the
      fact, even if proven, that the stone does not pose any real risk to   —    by providing in Article 8 thereof that the supplier of a
      human health or the environment are not relevant criteria for              defective product is to be liable in all cases and on the
      determining whether the stone is to be regarded as waste.                  same basis as the producer, and
                                                                            —    by providing in Article 13 thereof that the producer must
                                                                                 prove that he has taken appropriate steps to avert the
(1) OJ C 102 of 8.4.2000.
                                                                                 consequences of a defective product in order to be able
                                                                                 to rely on the grounds of exemption from liability
                                                                                 provided for in Article 7(d) and (e) 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), the French Republic has failed to
                                                                                 fulfil its obligations under Articles 9, 3(3) and 7 of the
                                                                                 aforementioned directive,
                                                                            the Court (Fifth Chamber), composed of: P. Jann (Rapporteur),
                                                                            President of the Chamber, S. von Bahr and C. W. A. Timmer-
                   JUDGMENT OF THE COURT                                    mans, Judges; L. A. Geelhoed, Advocate General; H. von
                                                                            Holstein, Deputy Registrar, has given a judgment on 25 April
                                                                            2002, in which it:
                            (Fifth Chamber)
                                                                            1.   Declares that
                             25 April 2002
                                                                                 —      by including damage of less than EUR 500 in
                                                                                        Article 1386-2 of the French Civil Code;
in Case C-52/00: Commission of the European Communi-
                      ties v French Republic (1)                                 —      by providing in the first paragraph of Article 1386-7
                                                                                        thereof that the supplier of a defective product is to be
                                                                                        liable in all cases and on the same basis as the producer,
                                                                                        and
(Failure by a Member State to fulfil its obligations —
Directive 85/374/EEC — Product liability — Incorrect
                              transposition)                                     —      by providing in the second paragraph of Article 1386-
                                                                                        12 thereof that the producer must prove that he has taken
                                                                                        appropriate steps to avert the consequences of a defective
                            (2002/C 144/07)                                             product in order to be able to rely on the grounds of
                                                                                        exemption from liability provided for in Article 7(d) and
                                                                                        (e) of Council Directive 85/374/EEC of 25 July 1985
                                                                                        on the approximation of the laws, regulations and
                      (Language of the case: French)                                    administrative provisions of the Member States concerning
                                                                                        liability for defective products,
(Provisional translation; the definitive translation will be published           the French Republic has failed to fulfil its obligations under
                     in the European Court Reports)                              Articles 9(b), 3(3) and 7 of the aforementioned directive;
                                                                            2.   Orders the French Republic to pay the costs.
In Case C-52/00, Commission of the European Communities                     (1) OJ C 163 of 10.6.2000.
(Agents: M. Patakia and B. Mongin) v French Republic (Agents:
initially K. Rispal-Bellanger and R. Loosli-Surrans, subsequently
R. Loosli-Surrans and J.-F. Dobelle): Application for a declar-
ation that: