23.7.2005

Official Journal of the European Union

C 182/5

JUDGMENT OF THE COURT

(Second Chamber)

of 26 May 2005

in Case C-212/03: Commission of the European Communities v French Republic (1)

(Failure of a Member State to fulfil obligations - Measures having equivalent effect - Prior authorisation procedure for personal imports of medicinal products - Medicinal products for human consumption - Homeopathic medicinal products)

(2005/C 182/10)

Language of the case: French

In Case C-212/03: Commission of the European Communities (Agents: H. Støvlbæk and B. Stromsky) v French Republic (Agents: G. de Bergues, C. Bergeot-Nunes and R. Loosli-Surrans) — action under Article 226 EC for failure to fulfil obligations, brought on 15 May 2003 — the Court (Second Chamber), composed of C.W.A. Timmermans, President of the Chamber, C. Gulmann (Rapporteur), R. Schintgen, J. Makarczyk and J. Klučka, Judges; L.A. Geelhoed, Advocate General; M. Múgica Arzamendi, Principal Administrator, for the Registrar, gave a judgment on 26 May 2005, in which it:

Declares that, by applying:

—

a prior authorisation procedure to personal imports, not effected by personal transport, of medicinal products lawfully prescribed in France and authorised under Council Directive 65/65/EEC of 26 January 1965 on the approximation of provisions laid down by law, regulation or administrative action relating to proprietary medicinal products, as amended by Council Directive 93/39/EEC of 14 June 1993, both in France and in the Member State where they are purchased;

—

a prior authorisation procedure to personal imports, not effected by personal transport, of homeopathic medicinal products lawfully prescribed in France and registered in a Member State pursuant to Council Directive 92/73/EEC of 22 September 1992 widening the scope of Directives 65/65/EEC and 75/319/EEC on the approximation of provisions laid down by law, regulation or administrative action relating to medicinal products and laying down additional provisions on homeopathic medicinal products; and

—	a disproportionate prior authorisation procedure to personal imports, not effected by personal transport, of medicinal products lawfully prescribed in France and not authorised in that Member State but only in the Member State where they are purchased,

the French Republic has failed to fulfil its obligations under Article 28 EC;

2.	Orders the French Republic to pay the costs.

(1) OJ C 158 of 05.07.2003.