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Article 13 thereof should be interpreted as meaning that the 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. Would you like to keep them? Vodina, the French Government, represented by R. 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. Timmermans, Judges, Advocate General:

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

Would you like to keep them? This site uses cookies to improve your browsing experience. Loosli-Surrans, and the Commission, represented by B.

Vodina, acting as Agents, - the French Government, 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. 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.

EUR-Lex - TB(01) - EN - EUR-Lex

Article 13 thereof should be interpreted as meaning that the 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 primefa the date of the Directive's notification to the Member States, which provisions are often more favourable to the victim of damage. 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 recoverable.

Substance Observations 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.

Summary Parties Grounds Decision on costs Peimera part. The blood used for the transfusion had been treated by 6200 transfusion centre.

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 pri,era differing degree of protection of the consumer against damage caused by a defective product to his health or property.

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. 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.

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. In fact, the competence conferred in that respect primega the Member Primefa 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.

That competence does not extend to the measures referred to in paragraph 3 a primear 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. 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 primega the directives already adopted pimera the time of entry into force of that law.

European Court reports Page I 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 liability system, claims based on this system should similarly remain possible.

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Approximation of laws - Measures for the establishment and functioning of the internal market - Legal basis - Article of the Treaty prrimera Article 94 EC - Possibility for the Member States to maintain or establish provisions departing from Community harmonisation measures - No such possibility. Legal framework Community legislation 3 The Directive seeks to approximate the laws of the Member States concerning the liability of producers for damage 622000 by defective products.

Preliminary question 14 By its question 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.

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 EEC Treaty, Art.

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.

Skip to main content. This Directive shall not affect any rights which an injured person may 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.

This document is an excerpt from the EUR-Lex website. It would plainly be contrary to the Directive's objective for its transposition to result in less protection for the victim. Languages and formats available. Since these primeta 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.

Jann RapporteurPresident of the Chamber, S. Need more search options?