Judgment — ECLI:EU:C:2009:705
Date: 2009-11-12
Language of the case: Italian
Court formation: Seventh Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Public health
Concepts: General;Defences
Procedure: Action for failure to fulfil obligations - successful
Origin: Italy

Action brought on 9 January 2009 - Commission of the European Communities v Italian Republic (Case C-12/09) Language of the case: Italian Parties Applicant: Commission of the European Communities (represented by: C. Cattabriga and S. Mortoni, acting as Agents) Defendant: Italian Republic Forms of order sought Declare that the Italian Republic has failed to fulfil its obligations under the first subparagraph of Article 7(1) of Commission Directive 2006/17/EC1 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, by not adopting all the laws, regulations and administrative provisions necessary to comply with Directive 2006/17/EC or, in any event, by not communicating those measures to the Commission. Order the Italian Republic to pay the costs. Pleas in law and main arguments The period for transposition of Directive 2006/17/EC expired on 1 November 2006. ____________ 1 - OJ 2006 L 38, p. 40.