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Document C2005/171/16

Case C-204/05: Action brought on 10 May 2005 by the Commission of the European Communities against the Kingdom of Belgium

IO C 171, 9.7.2005, p. 9–9 (ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)

Date of document:
09/07/2005; Dáta foilsithe
Author:
An Chúirt Bhreithiúnais
Form:
Faisnéis bhreithiúnach

9.7.2005   

EN

Official Journal of the European Union

C 171/9

Action brought on 10 May 2005 by the Commission of the European Communities against the Kingdom of Belgium

(Case C-204/05)

(2005/C 171/16)

Language of the case: French

An action against the Kingdom of Belgium was brought before the Court of Justice of the European Communities on 10 May 2005 by the Commission of the European Communities, represented by B. Stromsky and F. Simonetti, acting as Agents, with an address for service in Luxembourg.

The Commission claims that the Court should:

1.

declare that; the Kingdom of Belgium has failed to fulfil its obligations under Articles 28 and 30 of the EC Treaty, by requiring Class 1 distributors of medical equipment, established in other States of the Community, to be approved in Belgium and, by requiring doctors, psychologists, paramedical staff and social workers, in so far as they are attached to a specialist centre, to obtain supplies of sterile material from pharmacists, distributors, wholesaler trader, importers and manufacturers approved by the Belgian Ministry of Public Health;

2.

order the Kingdom of Belgium to pay the costs.

Pleas in law and main arguments

The Commission challenges the legislation in force in Belgium, which requires distributors to be approved where they wish to sell sterile material bearing the EC marking to doctors, nurses, psychologists, paramedical staff or social workers. That obligation is imposed indiscriminately on distributors established in Belgium or in another Member State. However, it impedes the sale of medical equipment to that specific public by distributors established outside Belgium.

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