Judgment of the Court (Third Chamber) of 19 July 2012 — European Commission v French Republic

(Case C-145/11) (1)

(Failure of a Member State to fulfil obligations - Directive 2001/82/EC - Veterinary medicinal products - Decentralised procedure for the grant of marketing authorisation for a veterinary medicinal product in a number of Member States - Generic medicinal products similar to the reference medicinal products already authorised - Refusal to approve request by a Member State - Composition and form of the medicinal product)

2012/C 295/16

Language of the case: French

Parties

Applicant: European Commission (represented by: M. Šimerdová, A. Marghelis and O. Beynet, Agents)

Defendant: French Republic (represented by: G. de Bergues, S. Menez and R. Loosli-Surrans, Agents)

Re:

Failure of a Member State to fulfil obligations — Infringement of Articles 32 and 33 of Directive 2001/82/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to veterinary medicinal products (OJ 2001 L 311, p. 1) — Decentralised procedure for the grant of marketing authorisation in more than one Member State — Generic medicinal products similar to the reference medicinal products already authorised — Member State’s refusal to approve based on scientific grounds related to the composition of the medicinal product and the choice of pharmaceutical form — Principle of mutual recognition

Operative part of the judgment

The Court:

(1)  OJ C 160, 28.5.2011.