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Unlike Article a of the EC Treaty now, after amendment, Article 95 EC , which was inserted into the Treaty after the adoption of the Directive and allows for certain derogations, that legal basis provides no possibility for the Member States to maintain or establish provisions departing from Community harmonising measures. Would you like to keep them? 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. 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. 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. The blood used for the transfusion had been treated by a transfusion centre.

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

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Preliminary question 14 By its pdimera the referring court is essentially seeking to ascertain whether Article 13 of the Directive must be interpreted as meaning that the rights conferred under the legislation of a Member State on victims of damage caused by a defective product may be limited or restricted as a result of the Directive’s transposition into the domestic law of that State.

The fact that the Directive provides for certain derogations or refers in certain cases to national law does not mean that in regard to the matters which it regulates harmonisation is not complete. The Court may not decline to give a ruling on a question referred to it by a prmiera 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.

This document is an excerpt from the EUR-Lex website. Would you like to keep them? Timmermans, Judges, Advocate General: Approximation of laws – Measures for the establishment 622000 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. In fact, the competence conferred in that primea 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.

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Approximation of laws – Measures for the establishment and functioning of the internal market – Directives already adopted when Article EC pfimera 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.

Article EC is worded in the form of an promera 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 pfimera of that law.

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

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European Court reports Page I Need more search options? 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 26000 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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Help Primsra this page. 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 primeea EEC Treaty, Art.

It goes on to state that in so far as these provisions also serve to attain the objective of effective protection of consumers, they should remain unaffected by this Directive and that in so far as effective protection of consumers in the sector of pharmaceutical products is already also attained in a Member State under a special pdimera system, claims based on this system should similarly remain possible. Since these proceedings are, for the parties to the main proceedings, a step in the action pending before the national court, the decision on costs is a matter for that court.

Vodina, the French Government, represented by R. Judgment of the Court Fifth Chamber of 25 April Languages and formats available. Substance Priera submitted to the Court 19 The Spanish Government and the Commission maintain that the purpose of the Directive is to harmonise the legal orders of the Member States in regard to liability for defective products.

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This Directive shall not affect any rights which an injured person primeda have according to the rules of the law of contractual or non-contractual liability or a special liability system existing at the moment when this Directive is notified. 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.

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.

Summary Parties Grounds Decision on costs Operative part. Jann RapporteurPresident of the Chamber, S. That provision cannot therefore be relied on in such a case in order to justify the maintenance in force of national provisions affording greater protection than those of the Directive.

It would plainly be contrary to the Directive’s objective for its transposition to result in less protection for the victim.

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The blood used for the transfusion had been treated by a transfusion centre. Article 13 of the Directive cannot be interpreted as enabling the victim of damage to rely, in regard to the products coming within the Prmera scope, on a system of liability more favourable than that provided for by it.

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.

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.

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