Case C-364/05: Action brought on  27 September 2005  by Commission of the European Communities against the Kingdom of the Netherlands
Date: 2005-11-26
Institutions: Court of Justice
Subjects: European Commission, Netherlands, action for failure to fulfil an obligation, code of conduct, experiment on humans, medicinal product, pharmaceutical industry, pharmaceutical legislation

26.11.2005

EN

Official Journal of the European Union

C 296/17

Action brought on 27 September 2005 by Commission of
the European Communities against the Kingdom of the
Netherlands

Action brought on 7 October 2005 by the Commission of
the European Communities against the Hellenic Republic

(Case C-364/05)

(2005/C 296/31)

(Language of the case: Dutch)

An action against the Kingdom of the Netherlands was brought
before the Court of Justice of the European Communities on
the European
27 September 2005 by the Commission of
Communities, represented by Michel van Beek, acting as Agent,
with an address for service in Luxembourg.

The applicant claims that the Court should:

— Declare that the Kingdom of the Netherlands,

to

comply

the European Parliament and of

the legislative and administrative
by failing to adopt
Directive
necessary
measures
2001/20/EC (1) of
the
Council of 4 April 2001 on the approximation of the laws,
regulations and administrative provisions of the Member
States relating to the implementation of good clinical prac-
tice in the conduct of clinical trials on medicinal products
for human use

with

by failing to adopt
the legislative and administrative
measures necessary to comply with Commission Directive
2003/94/EC (2) of 8 October 2003 laying down the princi-
ples and guidelines of good manufacturing practice in
respect of medicinal products for human use and investiga-
tional medicinal products for human use

(Case C-369/05)

(2005/C 296/32)

(Language of the case: Greek)

An action against the Hellenic Republic was brought before the
Court of Justice of the European Communities on 7 October
2005 by the Commission of the European Communities, repre-
sented by M. Patakia, Legal Adviser in the Legal Service, and N.
Yerrell, a member of the Legal Service, acting as Agents, with
an address for service in Luxembourg.

The Commission claims that the Court should:

1. declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Council
Directive 2000/79/EC of 27 November 2000 concerning
the European Agreement on the Organisation of Working
Time of Mobile Workers in Civil Aviation concluded by the
Association of European Airlines
the European
Transport Workers' Federation (ETF), the European Cockpit
Association (ECA), the European Regions Airline Associa-
tion (ERA) and the International Air Carrier Association
(IACA), (1) or in any event by failing to inform the Commis-
sion thereof, the Hellenic Republic has failed to fulfil
its
obligations under that directive;

(AEA),

2. order the Hellenic Republic to pay the costs.

Pleas in law and main arguments

— the period prescribed for transposing the directive into

national law expired on 1 December 2003.

or in any event by failing to notify such measures to the
Commission

(1) OJ L 302, 1.12.2000, p. 57.

has failed to fulfil its obligations under those directives;

— order the Kingdom of the Netherlands to pay the costs

Pleas in law and main arguments

The first paragraph of Article 22 of Directive 2001/20 provides
that Member States are to bring the necessary legislative and
administrative measures for complying with the directive into
force by 1 May 2003 and inform the Commission accordingly.
In the case of Directive 2003/94, Article 17 sets the deadline at
30 April 2004.

(1) OJ 2001 L 121, p. 34.
(2) OJ 2003 L 262, p. 22.

Action brought on 7 October 2005 by the Commission of
the European Communities against the Federal Republic of
Germany

(Case C-372/05)

(2005/C 296/33)

(Language of the case: German)

An action against
the Federal Republic of Germany was
brought before the Court of Justice of the European Commu-
nities on 7 October 2005 by the Commission of the European
Communities, represented by Dr. Günter Wilms, acting as
Agent, with an address for service in Luxembourg.