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Document C2004/217/10

    Judgment of the Court (Fifth Chamber) of 22 June 2004 in Case C-155/03: Commission of the European Communities v French Republic (Failure by a Member State to fulfil its obligations — Directive 2000/70/EC — Medical devices incorporating stable derivates of human blood or human plasma — Failure to transpose)

    OJ C 217, 28.8.2004, p. 6–6 (ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)

    28.8.2004   

    EN

    Official Journal of the European Union

    C 217/6


    JUDGMENT OF THE COURT

    (Fifth Chamber)

    of 22 June 2004

    in Case C-155/03: Commission of the European Communities v French Republic (1)

    (Failure by a Member State to fulfil its obligations - Directive 2000/70/EC - Medical devices incorporating stable derivates of human blood or human plasma - Failure to transpose)

    (2004/C 217/10)

    Language of the case: French

    In Case C-155/03: Commission of the European Communities (Agents: B. Stromsky and R. Amorosi) v French Republic (Agents: G. de Bergues and C. Bergeot-Nunes) — application for a declaration that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Directive 2000/70/EC of the European Parliament and of the Council of 16 November 2000 amending Council Directive 93/42/EEC as regards medical devices incorporating stable derivates of human blood or human plasma (OJ 2000 L 313, p. 22), or in any event by failing to notify those provisions to the Commission, the French Republic has failed to fulfil its obligations under that directive — the Court (Fifth Chamber), composed of: C. Gulmann, President of the Chamber, A. La Pergola (Rapporteur) and S. von Bahr, Judges; D. Ruiz-Jarabo Colomer, Advocate General; R. Grass, Registrar, has given a judgment on 22 June 2004, in which it:

    1.

    Declares that, by failing to adopt the laws, regulations and administrative measures necessary to comply with Directive 2000/70/EC of the European Parliament and of the Council of 16 November 2000 amending Council Directive 93/42/EEC as regards medical devices incorporating stable derivates of human blood or human plasma, the French Republic has failed to fulfil its obligations under Article 2 of that directive;

    2.

    Orders the French Republic to pay the costs.


    (1)   OJ C 171 of 19.7.2003.


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