Luxembourg, 24/05/2005 (Agence Europe) - In a press release the European Court of Justice has just rejected France's appeal against the gradual ban on animal experiments for cosmetic purposes and their marketing. The partial setting aside of the directive of 27 February 2003, as requested by France would amend the directive provisions and the Court has ruled the appeal out of order. The 2003 European directive demands that Member States gradually phase out the marketing of cosmetic products when they or their ingredients have been obtained through animal experiments. It also ends the ban on the marketing of these products covered by the previous 1976 directive. France had called on the Court of Justice of the European Communities to rules against the ban in the name of legal security but did not call for and end to the provision getting rid of the previous ban. The Court believes that the partial end to a Community act is only possible if the elements requested for annulment, are removed from the rest of the act or if their setting aside do not change the substance of the act. This would not be the case in this affair as: the gradual ban in the 2003 directive is aimed at replacing the previous ban and in part shares the same objective; the abrogation of the former provision appears to be the consequence of the adoption of the new provision.