EN

Official Journal of the European Union

C 55/25

(Case T-137/07)(Non-contractual liability - Marketing of defective digital thermometers bearing the marking ‘CE’ - Failure to act on the part of the Commission - Causal connection - Action in part manifestly inadmissible and in part manifestly unfounded in law)

(2009/C 55/46)

Language of the case: Portuguese

Parties

Applicant: Portela — Comércio de artigos ortopédicos e hospitalares, Lda (Queluz, Portugal) (represented by: C. Mourato, lawyer)

Defendant: Commission of the European Communities (represented by: P. Guerra e Andrade and B. Schima, acting as Agents)

Re:

Claim requesting that the Court of First Instance should impose on the Commission the obligation to act in accordance with Article 14b of Council Directive 93/42/EEC of 14 June 1993 concerning medical devices (OJ 1993 L 169, p. 1), as amended by Directive 98/79/EC of the European Parliament and of the Council of 27 October 1998 on in vitro diagnostic medical devices (OJ 1998 L 331, p. 1), by ordering the certification company TÜV Rheinland Product Safety GmbH, through the Federal Republic of Germany, to activate, in favour of the applicant, the mandatory civil liability insurance provided for in point 6 of Annex XI to Directive 93/42, which that company took out, and, if the alleged damage cannot be remedied by the principal claim, in the alternative, a claim for compensation for the damage sustained by the applicant on account of the various omissions on the part of the Commission

Operative part of the order

1.The action is dismissed.

2.Portela — Comércio de artigos ortopédicos e hospitalares, Lda is ordered to pay the costs.

* * *

(<span class="super">1</span>) OJ C 155, 7.7.2007.