JUDGMENT OF THE COURT

(First Chamber)

of 15 July 2004

in Case C-139/03: Commission of the European Communities against Federal Republic of Germany (1)

(Failure of a Member State to fulfil its obligations - Failure to transpose Directive 2000/38/EC)

(2004/C 228/23)

Language of the case: German

In Case C-139/03: Commission of the European Communities (Agents: J.C. Schieferer and H. Støvlbæk) against Federal Republic of Germany (Agent: A. Tiemann) — application for a declaration that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Commission Directive 2000/38/EC of 5 June 2000 amending Chapter Va (Pharmacovigilance) of Council Directive 75/319/EEC on the approximation of provisions laid down by law, regulation or administrative action relating to medicinal products (OJ 2000 L 139, p. 28), or by failing to inform the Commission thereof, the Federal Republic of Germany has failed to fulfil its obligations under that directive — the Court (First Chamber), composed of: P. Jann (Rapporteur), President of the Chamber, J.N. Cunha Rodrigues, K. Lenaerts, E. Juhász and M. Ilešič, Judges; L.A. Geelhoed, Advocate General; R. Grass, Registrar, has given a judgment on 15 July 2004, the operative part of which is as follows:

(1)  OJ C 146 of 21.6.2003.