Case C-62/07: Action brought on 8 February 2007 — Commission of the European Communities v Italian Republic
Date: 2007-03-24
Institutions: Court of Justice
Subjects: European Commission, Italy, action for failure to fulfil an obligation, experiment on humans, import, medical research, medicinal product, national implementing measure, pharmaceutical industry, pharmaceutical legislation

C 69/12

EN

Official Journal of the European Union

24.3.2007

Form of order sought

— Declare that, by not adopting the laws, regulations and
administrative provision necessary to comply with Council
Directive 2003/110/EC (1) of 25 November 2003 on assis-
tance in cases of transit for the purposes of removal by air
and,
in any event, by not communicating them to the
Commission, the Kingdom of Spain has failed to fulfil its
obligations under that directive;

— order the Kingdom of Spain to pay the costs.

Action brought on 7 February 2007 — Commission of the
European Communities v Czech Republic

(Case C-60/07)

(2007/C 69/28)

Language of the case: Czech

Pleas in law and main arguments

Parties

The period prescribed for adapting domestic law to Directive
2003/110/EC expired on 6 December 2005.

Applicant: Commission of the European Communities (repre-
sented by M. Šmerdová and L. Pignataro, Agents)

(1) OJ L 321, p. 26.

Defendant: Czech Republic

Form of order sought

Action brought on 7 February 2007 — Commission of the
European Communities v Kingdom of Spain

(Case C-59/07)

(2007/C 69/27)

Language of the case: Spanish

Parties

Applicant: Commission of the European Communities (repre-
sented by: M. Condou-Durante and A. Alcover San Pedro, acting
as Agents)

Defendant: Kingdom of Spain

Form of order sought

— A declaration that, by failing to adopt the laws, regulations
and administrative provisions necessary to comply with
Council Directive 2003/109/EC (1) of 25 November 2003
concerning the status of third-country nationals who are
long-term residents or in any event by failing to communi-
cate them to the Commission, the Kingdom of Spain has
failed to fulfil its obligations under that directive;

— an order that the Kingdom of Spain should pay the costs.

to

necessary

provisions

— declare that, by failing to adopt the laws, regulations and
comply with
administrative
Commission Directive 2004/33/EC (1) of 22 March 2004
implementing Directive 2002/98/EC of the European Parlia-
ment and of the Council as regards certain technical require-
ments for blood and blood components, or in any event by
not communicating such measures to the Commission, the
Czech Republic has failed to fulfil
its obligations under
Article 9(1) of that directive;

— order the Czech Republic to pay the costs.

Pleas in law and main arguments

The period prescribed for transposing the directive into national
law expired on 8 February 2005.

(1) OJ L 91, 2004, p. 25.

Action brought on 8 February 2007 — Commission of the
European Communities v Italian Republic

(Case C-62/07)

(2007/C 69/29)

Language of the case: Italian

Pleas in law and main arguments

The period prescribed for the transposition into domestic law of
Directive 2003/109/EC expired on 23 February 2006.

Parties

(1) OJ L 16, 2004, p. 44.

Applicant: Commission of the European Communities (repre-
sented by: B. Stromsky and D. Recchia, Agents, acting as
Agents)

Defendant: Italian Republic

24.3.2007

EN

Official Journal of the European Union

C 69/13

Form of order sought

to

necessary

provisions

— declare that, by failing to adopt the laws, regulations and
administrative
comply with
Commission Directive 2005/28/EC of 8 April 2005 laying
down principles and detailed guidelines for good clinical
practice as regards investigational medicinal products for
human use (1), as well as the requirements for authorisation
of the manufacturing or importation of such products, the
its obligations under
Italian Republic has failed to fulfil
Article 31(1) of that directive;

risks arising from physical agents (vibration) (sixteenth indi-
vidual Directive within the meaning of Article 16(1) of
Directive 89/391/EEC) (1), or to inform the Commission
thereof, the Republic of Austria has failed to fulfil its obliga-
tions under that directive;

— order the Republic of Austria to pay the costs.

Grounds and principal arguments

— order Italian Republic to pay the costs.

The time-limit for transposition of the Directive expired on
6 July 2005

Pleas in law and main arguments

(1) OJ L 177, p. 13.

The period prescribed for
2005/28/EC expired on 29 January 2006.

the implementation of Directive

(1) OJ L 91, p. 38.

Action brought on 8 February 2007 — Commission of the
European Communities v Ireland

Action brought on 8 February 2007 — Commission of the
European Communities v Republic of Austria

(Case C-63/07)

(2007/C 69/30)

Language of the case: German

Parties

(Case C-64/07)

(2007/C 69/31)

Language of the case: English

Applicant: Commission of the European Communities (repre-
sented by: A. Alcover San Pedro and D. Lawunmi, Agents)

Parties

Defendant: Ireland

Applicant: Commission of the European Communities (repre-
sented by: V. Kreuschitz and I. Kaufmann-Bühler, Agents)

Defendant: Republic of Austria

The applicant claims that the Court should:

Form of order sought

The applicant claims that the Court should:

— declare that, by failing to adopt the laws, regulations and
administrative provisions necessary for the transposition of
Directive 2002/44/EC of the European Parliament and of
the Council of 25 June 2002 on the minimum health and
safety requirements regarding the exposure of workers to the

— declare that by failing to adopt the laws, regulations or
administrative provisions necessary to comply with Directive
2004/42/EC of the European Parliament and of the Council
of 21 April 2004 on the limitation of emissions of volatile
organic compounds due to the use of organic solvents in
certain paints and varnishes and vehicle refinishing products
and amending Directive 1999/13/EC (1) or, in any event, by
failing to notify such provisions to the Commission, Ireland
has failed to fulfil its obligations under Article 14 of that
Directive.

— order Ireland to pay the costs.