Keywords
Subject of the case
Operative part

Keywords

Actions for damages – Jurisdiction of the Community judicature (Arts 235 EC and 288, second para., EC) (see para 46)

2. Actions for damages – Autonomous form of action (Arts 235 EC and 288, second para., EC) (see paras 49-50)

3. Non-contractual liability – Conditions (Art. 288, second para., EC) (see paras 79-81)

Subject of the case

Re:

CLAIM requesting that the Court of First Instance should impose on the Commission the obligation to act in accordance with Article 14b of Council Directive 93/42/EEC of 14 June 1993 concerning medical devices (OJ 1993 L 169, p. 1), as amended by Directive 98/79/EC of the European Parliament and of the Council of 27 October 1998 on in vitro diagnostic medical devices (OJ 1998 L 331, p. 1), by ordering the certification company TÜV Rheinland Product Safety GmbH, through the Federal Republic of Germany, to activate, in favour of the applicant, the mandatory civil liability insurance provided for in point 6 of Annex XI to Directive 93/42, which that company took out, and, if the alleged damage cannot be remedied by the principal claim, in the alternative, a claim for compensation for the damage sustained by the applicant on account of the various omissions on the part of the Commission.

Operative part

Operative part

1. The action is dismissed.

2. Portela – Comércio de artigos ortopédicos e hospitalares, L da is ordered to pay the costs.