Judgment of the Court (Fourth Chamber) of 15 May 2003.
Commission of the European Communities v French Republic.
C-484/01 • 62001CJ0484 • ECLI:EU:C:2003:287
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«(Failure of a Member State to fulfil obligations – Directive 97/43/Euratom – Health protection of individuals against the dangers of ionising radiation in relation to medical exposure – Incomplete implementation)»
1.. Member States – Obligations – Implementation of directives – Failure to fulfil obligations – Justification based on the internal legal order – Not permissible (Art. 141 EA)
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 by the reasoned opinion (Art. 141 EA)
JUDGMENT OF THE COURT (Fourth Chamber) 15 May 2003 (1)
((Failure of a Member State to fulfil obligations – Directive 97/43/Euratom – Health protection of individuals against the dangers of ionising radiation in relation to medical exposure – Incomplete implementation))
In Case C-484/01,
applicant,
v
defendant,
APPLICATION for a declaration that by failing to adopt and, in any event, by failing to communicate to the Commission the laws, regulations and administrative provisions necessary to comply with Council Directive 97/43/Euratom of 30 June 1997 on health protection of individuals against the dangers of ionising radiation in relation to medical exposure, and repealing Directive 84/466/Euratom (OJ 1997 L 180, p. 22), the French Republic has failed to fulfil its obligations under that directive,
THE COURT (Fourth Chamber),,
composed of: C.W.A. Timmermans (Rapporteur), President of the Chamber, D.A.O. Edward and A. La Pergola, Judges,
Advocate General: A. Tizzano,
having regard to the Report of the Judge-Rapporteur,
after hearing the Opinion of the Advocate General at the sitting on 16 January 2003,
gives the following
The EAEC Treaty
.
The Directive
...
On those grounds,
THE COURT (Fourth Chamber)
hereby:
Timmermans
Edward
La Pergola
Delivered in open court in Luxembourg on 15 May 2003.
R. Grass
C.W.A. Timmermans
Registrar
President of the Fourth Chamber
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