Acórdão do Tribunal de Justiça da União Europeia
Processo C-67/07

N.º do Acórdão
62007CJ0067
Data
29/11/2007

Failure of a Member State to fulfil obligations Failure to transpose within the prescribed period Directive 2004/24/EC Traditional herbal medicinal products Community code


Sumário

Judgment of the Court (Fifth Chamber) of 29 November 2007.
Commission of the European Communities v French Republic.
Failure of a Member State to fulfil obligations - Directive 2004/24/EC - Traditional herbal medicinal products - Community code - Failure to transpose within the prescribed period.
Case C-67/07.


Texto da decisão





Judgment of the Court (Fifth Chamber) of 29 November 2007 – Commission v France

(Case C‑67/07)

Failure of a Member State to fulfil obligations – Directive 2004/24/EC – Traditional herbal medicinal products – Community code – Failure to transpose within the prescribed period

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. 7)

Re:

Failure of a Member State to fulfil obligations – Failure to adopt within the prescribed period of the provision 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

By failing to adopt, within the prescribed period, 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 French Republic has failed to fulfil its obligations under Article 2 of that directive;

The French Republic is ordered to pay the costs.