Commission v France (French Text) [2012] EUECJ C-145/11 (19 July 2012)

Commission v France (French Text) [2012] EUECJ C-145/11 (19 July 2012)

France breached its obligations under Articles 32 and 33 of Directive 2001/82/EC by refusing to validate the applications for marketing authorisation of the veterinary medicinal products CT-Line 15% Premix and CT-Line 15% Oral Powder on grounds not permitted at the validation stage, as the directive exhaustively...

Source-derived case information.

Citation
[2012] EUECJ C-145/11
Parties
Applicant: Commission européenne; Respondent: République française
Jurisdiction
European Union
Procedural Posture
Infringement Proceedings Under Article 258 TFEU / Final Judgment
Outcome
Application upheld; infringement found against France.
Legal Topics
Veterinary Medicinal Products, Market Authorisation Procedures, Directive 2001/82/ec, Decentralised Procedure, Obligations of Member States, Validation of Applications
European Union Law Administrative Law Pharmaceutical Law Veterinary Medicinal Products Market Authorisation Procedures Directive 2001/82/ec Decentralised Procedure Obligations of Member States +1 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 1 Authorities cited 7 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Commission européenne

Applicant

République française

Respondent

Procedural Posture

Infringement Proceedings Under Article 258 TFEU / Final Judgment

  1. 1 Whether France breached its obligations under Articles 32 and 33 of Directive 2001/82/EC by refusing to validate applications for marketing authorisation of veterinary medicinal products in the decentralised procedure.

Ratio Decidendi

France breached its obligations under Articles 32 and 33 of Directive 2001/82/EC by refusing to validate the applications for marketing authorisation of the veterinary medicinal products CT-Line 15% Premix and CT-Line 15% Oral Powder on grounds not permitted at the validation stage, as the directive exhaustively lists the formal requirements for validation and does not allow substantive assessment at this phase.

Court Disposition

Application upheld; infringement found against France.

Orders

  • France failed to fulfil its obligations under Articles 32 and 33 of Directive 2001/82/EC by refusing to validate the two applications for marketing authorisation.
  • France is ordered to pay the costs.