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Jann Rapporteur , President of the Chamber, S. Preliminary rulings – Jurisdiction of the Court – Limits – Manifestly irrelevant question – Jurisdiction of national courts – Establishment and evaluation of the facts – Application of provisions interpreted by the Court. EU case law Case law Digital reports Directory of case law. The blood used for the transfusion had been treated by a transfusion centre. This document is an excerpt from the EUR-Lex website. Approximation of laws – Measures for the establishment and functioning of the internal market – Legal basis – Article of the Treaty now Article 94 EC – Possibility for the Member States to maintain or establish provisions departing from Community harmonisation measures – No such possibility.

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In fact, the competence conferred in that respect on the Member States by Article 5 EC concerns only the measures mentioned at paragraph 3 b of that article. Expand all Collapse all. Article 13 of the Directive cannot be interpreted as enabling the victim of damage to rely, in regard to the products coming within the Directive’s scope, on a system of liability more favourable than that provided for by it.

The Court may not decline to give a ruling on a question referred to it by a national court unless it is quite obvious that the interpretation of Community law or the consideration of the validity of a Community rule sought by that court bears no relation to the facts of the main action or its purpose. Help Print this page.

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Need more search options? Furthermore, as the Advocate General noted at point 43 of his Opinion, Article EC is worded in the form of an instruction addressed to the Community concerning its future policy and cannot permit the Member States, owing to the direct risk that would pose for the acquis communautaire, autonomously to adopt measures contrary to the Community law contained in the directives already adopted at the time of entry into force of that law.

Article EC is worded in the form of an instruction addressed to the Community concerning its future policy and cannot permit the Member States, owing to the direct risk that would pose for the acquis communautaire, autonomously to adopt measures contrary to the Community law contained in the directives already adopted at the time of entry into force of that law.

Approximation of laws – Measures for the establishment and functioning of the internal market – Legal basis – Article of the Treaty now Article 94 EC – Orimera for the Member States to maintain or establish provisions departing from Community harmonisation measures – No such possibility EEC Treaty, Art.

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Jann RapporteurPresident of the Chamber, S.

Vodina, the French Government, represented by R. Findings of the Court 23 It should be noted that the Directive was adopted by the Council by unanimity under Article of the EEC Treaty amended to Article of the EC Treaty, now Article 94 EC concerning the approximation of such laws, regulations or administrative provisions of the Member States as directly affect the establishment or functioning of the common market.

Valero Jordana, acting as Agents, at the hearing on 3 May.

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Summary Parties Grounds Decision on costs Operative part. Judgment of the Court Fifth Chamber of 25 April Languages and formats available. This site uses cookies to improve your browsing experience. Article 13 thereof should be interpreted as meaning that 620000 Directive does not alter the provisions of national law relating to contractual or non-contractual liability or even relating to a special system of liability in force on the date of the Directive’s notification to the Member States, which provisions are often more favourable to the victim of damage.

EU case law Case law Digital reports Directory of case law. Preliminary rulings – Jurisdiction of the Court – Limits – Manifestly irrelevant question – Jurisdiction of national courts – Establishment and evaluation of the facts – Application of provisions interpreted by the Court.

In the context of the cooperation between the Court of Justice and the national courts provided for by Article EC, it is solely for the national courts before which disputes have been brought, and which must assume responsibility for the subsequent judicial decision, to determine in the light of the particular circumstances of the case both the need for a preliminary ruling in order to enable them to deliver judgment and the relevance of the questions which they submit to the Court.

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Decision on costs Costs 35 The costs incurred by the Spanish, Greek, French and Austrian Governments, and by the Commission, which submitted observations to the Court, are not primerq. In fact, lrimera competence conferred in that respect on the Member States by Article 5 EC concerns only the measures mentioned at paragraph 3 b of that article, that is to say measures supporting, supplementing and monitoring the policy pursued by the Member States.

Primrea to main content. It would plainly be contrary to the Directive’s objective for its transposition to result in less protection for the victim. Approximation of laws – Measures for the establishment and functioning of the internal market – Directives already adopted when Article EC entered into force – Possibility for the Member States to maintain or establish more stringent consumer protection measures on the basis of Article EC – No effect Arts 94 EC, 95 EC and EC 4.

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That competence does not extend to the measures referred to in paragraph 3 a of Article EC, that is to say the measures adopted pursuant to Article 95 EC in the context of attainment of the internal market with which in that respect the measures adopted under Article 94 EC must be equated.

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According to the first recital in the preamble thereto, approximation is necessary because legislative divergences may distort competition and affect the movement of goods within the common market and entail a differing degree of protection of the consumer against damage caused by a defective product to his health or property.

Unlike Article a of the EC Treaty now, after amendment, Article 95 ECwhich was inserted into the Treaty after the adoption of the Directive and allows for certain derogations, that primwra basis provides no possibility for the Member States to maintain or establish provisions departing from Community harmonising measures. Moreover, it is subject inter alia to conditions as to assessment with a view to further harmonisation, to which the penultimate recital in the preamble expressly refers.

European Court reports Page I Substance Observations submitted to the Court 19 The Spanish Government and the Commission maintain that the purpose of the Directive is to harmonise the prijera orders of the Member States in regard to liability for defective products.

Approximation of laws – Measures for the establishment and functioning of the internal market – Directives already adopted when Article EC entered into force – Possibility for the Member States to maintain or establish more stringent consumer protection measures on the basis of Article EC – No effect.

Vodina, acting as Agents, – the French Government, by R.

Preliminary rulings – Jurisdiction of the Court – Limits – Manifestly irrelevant question – Jurisdiction of national courts – Establishment and evaluation of the facts – Application of provisions interpreted by the Court Art. Since these proceedings are, for the parties to the main proceedings, a step in the action pending before the national 6200, the decision on costs is a matter for that court.