CELEX: C2004/228/23
Language: en
Date: 2004-09-11 00:00:00
Title: Judgment of the Court (First Chamber) of 15 July 2004 in Case C-139/03: Commission of the European Communities against Federal Republic of Germany (Failure of a Member State to fulfil its obligations — Failure to transpose Directive 2000/38/EC)

11.9.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 228/12
            
         
      JUDGMENT OF THE COURT
   
   (First Chamber)
   of 15 July 2004
   in Case C-139/03: Commission of the European Communities against Federal Republic of Germany (1)
   
   (Failure of a Member State to fulfil its obligations - Failure to transpose Directive 2000/38/EC)
   (2004/C 228/23)
   Language of the case: German
   In Case C-139/03: Commission of the European Communities (Agents: J.C. Schieferer and H. Støvlbæk) against Federal Republic of Germany (Agent: A. Tiemann) — application for a declaration that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Commission Directive 2000/38/EC of 5 June 2000 amending Chapter Va (Pharmacovigilance) of Council Directive 75/319/EEC on the approximation of provisions laid down by law, regulation or administrative action relating to medicinal products (OJ 2000 L 139, p. 28), or by failing to inform the Commission thereof, the Federal Republic of Germany has failed to fulfil its obligations under that directive — the Court (First Chamber), composed of: P. Jann (Rapporteur), President of the Chamber, J.N. Cunha Rodrigues, K. Lenaerts, E. Juhász and M. Ilešič, Judges; L.A. Geelhoed, Advocate General; R. Grass, Registrar, has given a judgment on 15 July 2004, the operative part of which is as follows:
   
               1.
            
            
               By failing to adopt the laws, regulations and administrative provisions necessary to comply with the provisions of Commission Directive 2000/38/EC of 5 June 2000 amending Chapter Va (Pharmacovigilance) of Council Directive 75/319/EEC on the approximation of provisions laid down by law, regulation or administrative action relating to medicinal products, the Federal Republic of Germany has failed to fulfil its obligations under that directive.
            
         
               2.
            
            
               The Federal Republic of Germany is ordered to pay the costs.
            
         
      (1)  OJ C 146 of 21.6.2003.