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Case C-520/11: Judgment of the Court (Sixth Chamber) of 18 July 2013 — European Commission v French Republic (Failure of a Member State to fulfil obligations — Decision 2009/726/EC — Non-compliance — Imports of milk and milk products — Origin — At-risk holdings in terms of cases of spongiform encephalopathies — National prohibitions)
ECLI:EU:UNKNOWN:62011CA0520
62011CA0520
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Official Journal of the European Union
C 260/8
(Case C-520/11) (<span class="super">1</span>)
(Failure of a Member State to fulfil obligations - Decision 2009/726/EC - Non-compliance - Imports of milk and milk products - Origin - At-risk holdings in terms of cases of spongiform encephalopathies - National prohibitions)
2013/C 260/14
Language of the case: French
Parties
Applicant: European Commission (represented by: F. Jimeno Fernández and D. Bianchi, acting as Agents)
Defendant: French Republic (represented by: G. de Bergues and S. Menez, and by C. Candat and R. Loosli-Surrans, acting as Agents)
Re:
Failure to fulfil obligations — Infringement of Arts 4(3) TEU and 288 TFEU — Failure to comply with Commission Decision 2009/726/EC of 24 September 2009 concerning interim protection measures taken by France as regards the introduction onto its territory of milk and milk products coming from a holding where a classical scrapie case is confirmed (OJ 2009 L 258, p. 27)
Operative part of the judgment
The Court:
1.Declares that, by failing to comply with Commission Decision 2009/726/EC of 24 September 2009 concerning interim protection measures taken by France as regards the introduction onto its territory of milk and milk products coming from a holding where a classical scrapie case is confirmed, the French Republic has failed to fulfil its obligations under Articles 4(3) TEU and 288 TFEU.
2.The French Republic is ordered to pay costs.
(<span class="super">1</span>) OJ C 362, 10.12.2011.