On the failure to enforce CJEC judgments and applicable EU law 

Petition addressed to: Petitionsausschuss des Europäischen Parlaments

The petitioner refers to the resolution of 19 January 2011 (B7-0026/2011) in which European Parliament called on the Commission to complete the safeguard procedure initiated by Germany under Article 8 of Directive 93/42/EEC on medical devices in respect of the CE-marked medical device ‘Inhaler Broncho Air’. Despite a series of judgments which have legal force, the Commission has continued to ignore the resolution. For the last 20 years the product has been barred from the market. In the petitioner’s view, the Commission has been consistently in breach of EU law. The petitioner had no way of asserting his rights under EU law.