Judgment — ECLI:EU:C:2009:583
Date: 2009-09-24
Language of the case: French
Court formation: Seventh Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Public health
Concepts: General
Procedure: Action for failure to fulfil obligations - successful
Origin: Belgium

Judgment of the Court (Seventh Chamber) of 24 September 2009 - Commission of the European Communities v Kingdom of Belgium (Case C-8/09) 1 (Failure of a Member State to fulfil obligations - Directive 2006/17/EC - Technical requirements for the donation, procurement and testing of human tissues and cells - Failure to transpose within the prescribed period) Language of the case: French Parties Applicant: Commission of the European Communities (represented by: C. Cattabriga and J. Sénéchal, Agents) Defendant: Kingdom of Belgium (represented by: D. Haven, Agent) Re: Failure of a Member State to fulfil obligations - Failure to adopt or notify, within the prescribed period, the measures necessary to comply with Commission Directive 2006/17/EC of 8 February 2006 implementing Directive 2004/23/EC of the European Parliament and of the Council as regards certain technical requirements for the donation, procurement and testing of human tissues and cells (OJ 2006 L 38, p. 40) Operative part of the judgment The Court: 1. Declares that, by not adopting, within the prescribed period, the laws, regulations and administrative provisions necessary to comply with Commission Directive 2006/17/EC of 8 February 2006 implementing Directive 2004/23/EC of the European Parliament and of the Council as regards certain technical requirements for the donation, procurement and testing of human tissues and cells, the Kingdom of Belgium has failed to fulfil its obligations under that directive; 2. Orders the Kingdom of Belgium to pay the costs. ____________ 1 - OJ C 69, 21.3.2009.