CELEX: C2004/047/16
Language: en
Date: 2004-02-21 00:00:00
Title: Judgment of the Court (Third Chamber) of 11 December 2003 in Case C-122/03: Commission of the European Communities v French Republic (Failure of a Member State to fulfil its obligations — Measures having equivalent effect — Importers and distributors of medicinal products — Submission of a certified copy or a document attesting to the holding of a marketing authorisation)

C 47/10                  EN                          Official Journal of the European Union                                             21.2.2004
                  JUDGMENT OF THE COURT                                            has obtained a marketing authorisation issued by the European
                                                                                   Community, the French Republic has failed to fulfil its
                                                                                   obligations under Article 28 EC;
                          (Third Chamber)
                                                                             2.    Orders the French Republic to pay the costs.
                       of 11 December 2003
                                                                             (1) OJ C 112 of 10.5.2003.
in Case C-122/03: Commission of the European Communi-
                     ties v French Republic (1)
(Failure of a Member State to fulfil its obligations —
Measures having equivalent effect — Importers and distribu-
tors of medicinal products — Submission of a certified copy
or a document attesting to the holding of a marketing                                            ORDER OF THE COURT
                            authorisation)
                                                                                                     (Second Chamber)
                           (2004/C 47/16)
                                                                                                    of 16 October 2003
                     (Language of the case: French)
                                                                             nella causa C-244/02 (Reference for a preliminary ruling
                                                                             from the Korkein hallinto-oikeus): Kauppatalo Hansel Oy
(Provisional translation; the definitive translation will be published                             v Imatran kaupunki (1)
                    in the European Court Reports)
                                                                             (Article 104(3) — Rules of Procedure — Procurement
                                                                             contracts — Directive 93/36/EEC — Procedures for the
                                                                             award of public supply contracts — Incorrect assessment as
                                                                             regards the criterion for determining the most economically
In Case C-122/03, Commission of the European Communities
                                                                             advantageous tender — Procurement procedure discon-
(Agents: H. Støvlbæk and B. Stromsky) v French Republic
                                                                                                            tinued)
(Agents: G. de Bergues and C. Bergeot-Nunes): Application for
a declaration that, by imposing, pursuant to Article R. 5142-
15 of the Code de la santé publique, on traders importing or                                           (2004/C 47/17)
distributing in France medicinal products which are already
covered by a marketing authorisation for the French or
Community market a requirement that they submit, when first                                     (Language of the case: Finnish)
so requested by the monitoring authorities, either a certified
copy issued by the Agence française de securité sanitaire des
produits de santé of the French marketing authorisation or of                (Provisional translation; the definitive translation will be published
the registration of the medicinal product, or a document issued                                 in the European Court Reports)
by that Agency attesting that the imported medicinal product
has obtained a marketing authorisation issued by the European
Community, the French Republic has failed to fulfil its
obligations under Article 28 EC, the Court (Third Chamber),                  In Case C-244/02: Reference to the Court under Article 234
composed of: C. Gulmann (Rapporteur), acting for the Presi-                  EC by the Korkein hallinto-oikeus (Finland) for a preliminary
dent of the Third Chamber, J.-P. Puissochet and F. Macken,                   ruling in the proceedings pending before that court between
Judges; L.A. Geelhoed, Advocate General; R. Grass, Registrar,                Kauppatalo Hansel Oy and Imatran kaupunki, on the interpret-
has given a judgment on 11 December 2003, in which it:                       ation of Council Directive 93/36/EEC of 14 June 1993
                                                                             coordinating procedures for the award of public supply
                                                                             contracts (OJ 1993 L 199, p. 1), as amended by European
1.    Declares that by imposing, pursuant to Article R. 5142-15 of           Parliament and Council Directive 97/52/EC of 13 October
      the Code de la santé publique, on traders importing or                 1997 amending Directives 92/50/EEC, 93/36/EEC and 93/37/
      distributing in France medicinal products which are already            EEC concerning the coordination of procedures for the award
      covered by a marketing authorisation for the French or                 of public service contracts, public supply contracts and public
      Community market a requirement that they submit, when first            works contracts respectively (OJ 1997 L 328, p. 1), the Court
      so requested by the monitoring authorities, either a certified         (Second Chamber), composed of: R. Schintgen, President of
      copy issued by the Agence française de securité sanitaire des          the Chamber, V. Skouris (Rapporteur) and N. Colneric, Judges;
      produits de santé of the French marketing authorisation or of          L.A. Geelhoed, Advocate General; R. Grass, Registrar, has made
      the registration of the medicinal product, or a document issued        an order on 16 October 2003, the operative part of which is
      by that Agency certifying that the imported medicinal product          as follows: