Case C-41/07: Action brought on 1 February 2007 — Commission of the European Communities v Portuguese Republic
Date: 2007-03-24
Institutions: Court of Justice
Subjects: European Commission, Portugal, action for failure to fulfil an obligation, experiment on humans, import, medical research, medicinal product, national implementing measure, pharmaceutical industry

24.3.2007

EN

Official Journal of the European Union

C 69/9

Pleas in law and main arguments

The period for transposing Directive 2003/109/EC expired on
23 January 2006.

Reference for a preliminary ruling from the Tribunal de
Pequena Instância Criminal do Porto lodged on 2 February
2007 — Liga Portuguesa de Futebol Profissional (CA/LPFP)
and Baw International Ltd v Departamento de Jogos da
Santa Casa da Misericórdia de Lisboa

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

(Case C-42/07)

(2007/C 69/20)

Language of the case: Portuguese

Action brought on 1 February 2007 — Commission of the
European Communities v Portuguese Republic

Referring court

Tribunal de Pequena Instância Criminal do Porto

(Case C-41/07)

(2007/C 69/19)

Language of the case: Portuguese

Parties

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

Defendant: Portuguese Republic

Form of order sought

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

— or, a declaration that, by failing in any event to communi-
cate those provisions to the Commission of the European
Communities, the Portuguese Republic has failed to fulfil its
obligations under that directive;

— an order that the Portuguese Republic should pay the costs.

Pleas in law and main arguments

The period prescribed for transposition into domestic law of
that directive expired on 29 January 2006.

(1) OJ L 91, 2005, p. 13.

Parties to the main proceedings

Applicants: Liga Portuguesa de Futebol Profissional
and Baw International Ltd

(CA/LPFP)

Defendant: Departamento de Jogos da Santa Casa da Misericórdia
de Lisboa

Questions referred

1. Does the monopoly granted to Santa Casa [da Misericórdia de
Lisboa], when relied on against Baw [International Ltd], that is
to say, against a provider of services established in another
Member State in which it lawfully provides similar services,
which has no physical establishment in Portugal, constitute
an impediment to the free provision of services, in breach of
the principles of freedom to provide services, freedom of
establishment and the free movement of payments enshrined
in Articles 49, 43 and 56 respectively of the EC Treaty?

2. Is it contrary to Community law, in particular to the above-
mentioned principles, for rules of domestic law such as those
at issue in the main proceedings first to establish a mono-
poly in favour of a single body for the operation of lotteries
and mutual betting and then to extend that monopoly to
‘the entire national territory, including … the internet’?

Reference for a preliminary ruling from the Hoge Raad der
Nederlanden (Netherlands) lodged on 2 February 2007 —
D.M.M.A. Arens-Sikken v Staatssecretaris van Financiën

(Case C-43/07)

(2007/C 69/21)

Language of the case: Dutch

Referring court

Hoge Raad der Nederlanden