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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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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

Cited paragraphs only

«(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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