Judgment — ECLI:EU:C:2009:571
Date: 2009-09-22
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 22 September 2009 – Commission v Belgium (Case C‑9/09) Failure of a Member State to fulfil obligations – Public health – Directive 2004/23/EC – Setting standards of quality and safety for the donation, procurement, testing, processing, preservation, storage and distribution of human tissues and cells – Failure to transpose within the prescribed period Actions for failure to fulfil obligations – Examination of the 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 obligations – Failure to adopt or to communicate, within the prescribed period, the measures necessary to comply with Directive 2004/23/EC of the European Parliament and of the Council of 31 March 2004 on setting standards of quality and safety for the donation, procurement, testing, processing, preservation, storage and distribution of human tissues and cells (OJ 2004 L 102, p. 48). Operative part The Court: 1. Declares that, by not adopting, within the prescribed period, all the laws, regulations and administrative provisions necessary to comply with Directive 2004/23/EC of the European Parliament and of the Council of 31 March 2004 on setting standards of quality and safety for the donation, procurement, testing, processing, preservation, storage and distribution 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.