Judgment — ECLI:EU:C:2007:562
Date: 2007-09-27
Language of the case: English
Court formation: Seventh Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Approximation of laws
Concepts: General
Procedure: Action for failure to fulfil obligations - successful
Origin: Ireland

Judgment of the Court (Seventh Chamber) of 27 September 2007 – Commission v Ireland (Case C‑66/07) Failure of a Member State to fulfil obligations – Directive 2004/27/EC – Medicinal products for human use – Failure to transpose into national law 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 period prescribed, the provisions necessary for compliance with Directive 2004/27/EC of the European Parliament and of the Council of 31 March 2004 amending Directive 2001/83/EC on the Community code relating to medicinal products for human use (OJ 2004 L 136, p. 34) Operative part The Court: 1. Declares that, by not adopting within the prescribed period the laws, regulations and administrative provisions necessary to comply with Directive 2004/27/EC of the European Parliament and of the Council of 31 March 2004 amending Directive 2001/83/EC on the Community code relating to medicinal products for human use, Ireland has failed to fulfil its obligations under that directive; 2. Orders Ireland to pay the costs.