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Document C2004/094/08

    Judgment of the Court (Sixth Chamber) 11 March 2004 In Case C-496/01: Commission of the European Communities v French Republic

    OJ C 94, 17.4.2004, p. 5–5 (ES, DA, DE, EL, EN, FR, IT, NL, PT, FI, SV)

    17.4.2004   

    EN

    Official Journal of the European Union

    C 94/5

    JUDGMENT OF THE COURT

    (Sixth Chamber)

    11 March 2004

    In Case C-496/01: Commission of the European Communities v French Republic (1)

    (Failure of a Member State to fulfil its obligations - France - Freedom to provide services - Right of establishment - Rules governing bio-medical analysis laboratories - Conditions for the grant of an administrative operating authorisation - Place of business in France)

    (2004/C 94/08)

    Language of the case: French

    In Case C-496/01: Commission of the European Communities (Agent: M. Patakia), with an address for service in Luxembourg, against French Republic (Agents: G. de Bergues and C. Bergeot-Nunes):

    —

    Application for a declaration that,

    —

    by requiring that bio-medical analysis laboratories established in other Member States have their place of business in France in order to obtain the requisite operating authorisation;

    by precluding any reimbursement of the costs of bio-medical analyses carried out by a bio-medical analysis laboratory established in another Member State,

    the French Republic has failed to fulfil its obligations under Articles 43 EC and 49 EC, the Court (Sixth Chamber), composed of: V. Skouris, acting for the President of the Sixth Chamber, C. Gulmann, J.-P. Puissochet, R. Schintgen and N. Colneric (Rapporteur), Judges; J. Mischo, Advocate General; R. Grass, Registrar, has given a judgment on 11 March 2004, in which it:

    1.

    —

    Declares that, by imposing on bio-medical analysis laboratories established in other Member States, a requirement that they have a place of business in France in order to obtain the necessary operating authorisation and by precluding any reimbursement of the costs of bio-medical analyses carried out by a bio-medical analysis laboratory established in another Member State, the French Republic has failed to fulfil its obligations under Article 49 EC;

    2.

    Dismisses the remainder of the application;

    3.

    Orders each party to bear its own costs.

    (1)  OJ C 44 of 16.02.2002.

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