This document is an excerpt from the EUR-Lex website
Document 62011CJ0520
Commission v France
Commission v France
Court reports – general – 'Information on unpublished decisions' section
Judgment of the Court (Sixth Chamber) of 18 July 2013 — Commission v France
(Case C-520/11)
‛Failure of a Member State to fulfil obligations — Decision 2009/726/EC — Non-compliance — Imports of milk and milk products — Origin — At-risk holdings in terms of cases of spongiform encephalopathies — National prohibitions’
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1. |
Agriculture — Approximation of laws on animal health — Protection measures with regard to transmissible spongiform encephalopathies — Imports of milk products from at-risk holdings — National prohibitive measures — Commission decision ordering the suspension of those measures — Non-compliance — Failure to fulfil obligations (European Parliament and Council Regulations No 999/2001 and No 178/2002; Commission Regulation No 727/2007; Commission Decision 2009/726) (see paras 28-31, 36) |
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2. |
Actions for failure to fulfil obligations — Examination of the merits by the Court — Situation to be taken into consideration — Situation on expiry of the period laid down in the reasoned opinion (Art. 258 TFEU) (see para. 37) |
Re:
Failure to fulfil obligations — Infringement of Arts 4(3) TEU and 288 TFEU — Failure to comply with Commission Decision 2009/726/EC of 24 September 2009 concerning interim protection measures taken by France as regards the introduction onto its territory of milk and milk products coming from a holding where a classical scrapie case is confirmed (OJ 2009 L 258, p. 27).
Operative part
The Court:
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1. |
Declares that, by failing to comply with Commission Decision 2009/726/EC of 24 September 2009 concerning interim protection measures taken by France as regards the introduction onto its territory of milk and milk products coming from a holding where a classical scrapie case is confirmed, the French Republic has failed to fulfil its obligations under Articles 4(3) TEU and 288 TFEU; |
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2. |
The French Republic is ordered to pay costs. |
Judgment of the Court (Sixth Chamber) of 18 July 2013 — Commission v France
(Case C-520/11)
‛Failure of a Member State to fulfil obligations — Decision 2009/726/EC — Non-compliance — Imports of milk and milk products — Origin — At-risk holdings in terms of cases of spongiform encephalopathies — National prohibitions’
|
1. |
Agriculture — Approximation of laws on animal health — Protection measures with regard to transmissible spongiform encephalopathies — Imports of milk products from at-risk holdings — National prohibitive measures — Commission decision ordering the suspension of those measures — Non-compliance — Failure to fulfil obligations (European Parliament and Council Regulations No 999/2001 and No 178/2002; Commission Regulation No 727/2007; Commission Decision 2009/726) (see paras 28-31, 36) |
|
2. |
Actions for failure to fulfil obligations — Examination of the merits by the Court — Situation to be taken into consideration — Situation on expiry of the period laid down in the reasoned opinion (Art. 258 TFEU) (see para. 37) |
Re:
Failure to fulfil obligations — Infringement of Arts 4(3) TEU and 288 TFEU — Failure to comply with Commission Decision 2009/726/EC of 24 September 2009 concerning interim protection measures taken by France as regards the introduction onto its territory of milk and milk products coming from a holding where a classical scrapie case is confirmed (OJ 2009 L 258, p. 27).
Operative part
The Court:
|
1. |
Declares that, by failing to comply with Commission Decision 2009/726/EC of 24 September 2009 concerning interim protection measures taken by France as regards the introduction onto its territory of milk and milk products coming from a holding where a classical scrapie case is confirmed, the French Republic has failed to fulfil its obligations under Articles 4(3) TEU and 288 TFEU; |
|
2. |
The French Republic is ordered to pay costs. |