Failure of a Member State to fulfil obligations Medicinal products for human use Failure to transpose within the period prescribed Directive 2004/24/EC Traditional herbal medicinal products Community code Pharmaceutical specialities
Sumário
Judgment of the Court (Sixth Chamber) of 18 July 2007.
Commission of the European Communities v Kingdom of Spain.
Failure of a Member State to fulfil obligations - Directive 2004/24/EC - Pharmaceutical specialities - Traditional herbal medicinal products - Community code - Medicinal products for human use - Failure to transpose within the period prescribed.
Case C-50/07.
Texto da decisão
Judgment of the Court (Sixth Chamber) of 18 July 2007 – Commission v Spain
(Case C‑50/07)
Failure of a Member State to fulfil obligations – Directive 2004/24/EC – Pharmaceutical specialities – Traditional herbal medicinal products – Community code – Medicinal products for human use – Failure to transpose within the period prescribed
Actions for failure to fulfil obligations – Examination of merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC) (see para. 9)
Re:
| Failure of a Member State to fulfil its obligations – Failure to adopt within the period prescribed the provisions necessary to comply with Directive 2004/24/EC of the European Parliament and of the Council of 31 March 2004 amending, as regards traditional herbal medicinal products, Directive 2001/83/EC on the Community code relating to medicinal products for human use (OJ 2004 L 136, p. 85). |
Operative part
The Court
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Declares that, by failing to adopt, within the period prescribed, the laws, regulations and administrative provisions necessary to comply with Directive 2004/24/EC of the European Parliament and of the Council of 31 March 2004 amending, as regards traditional herbal medicinal products, Directive 2001/83/EC on the Community code relating to medicinal products for human use, the Kingdom of Spain has failed to fulfil its obligations under that directive. |
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Orders the Kingdom of Spain to pay the costs. |