CELEX: C2005/093/35
Language: en
Date: 2005-04-16 00:00:00
Title: Case C-87/05: Action brought on 18 February 2005 by the Commission of the European Communities against the Italian Republic

16.4.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 93/19
            
         Action brought on 18 February 2005 by the Commission of the European Communities against the Italian Republic
   (Case C-87/05)
   (2005/C 93/35)
   Language of the case: Italian
   An action against the Italian Republic was brought before the Court of Justice of the European Communities on 18 February 2005 by the Commission of the European Communities, represented by B. Schima and D. Recchia, acting as Agents.
   The applicant claims that the Court should:
   
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               declare that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Commission Directive 2003/12/EC (1) of 3 February 2003 on the reclassification of breast implants in the framework of Directive 93/42/EEC (2) concerning medical devices or, in any event, by failing to communicate those provisions to the Commission, the Italian Republic has failed to fulfil its obligations under Article 3(1) of that directive;
            
         
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               order the Italian Republic to pay the costs.
            
         Pleas in law and main arguments:
   The period for transposition of the directive expired on 1 August 2003.
   
      (1)  OJ L 28 of 04.02.2003, p. 43.
   
      (2)  OJ L 169 of 12.07.1993, p. 1.