Case C-120/07: Action brought on 27 February 2007 — Commission of the European Communities v Kingdom of the Netherlands
Date: 2007-04-28
Institutions: Court of Justice
Subjects: European Commission, Netherlands, action for failure to fulfil an obligation, legal code, medical plant, medicinal product, national implementing measure, pharmaceutical legislation

28.4.2007

EN

Official Journal of the European Union

C 95/31

Action brought on 27 February 2007 — Commission of
the European Communities v Kingdom of the Netherlands

Form of order sought

(Case C-120/07)

(2007/C 95/58)

Language of the case: Dutch

Parties

Applicant: Commission of the European Communities (repre-
sented by: B. Stromsky and H. van Vliet, Agents)

Defendant: Kingdom of the Netherlands

Form of order sought

the European Parliament and of

— Declare that, by not adopting the laws, regulations and
administrative provisions necessary to comply with Directive
2004/24/EC (1) of
the
Council of 31 March 2004 amending, as regards traditional
herbal medicinal products, Directive 2001/83/EC on the
Community code relating to medicinal products for human
use, or in any event by not informing the Commission of
those provisions, the Kingdom of the Netherlands has failed
to fulfil its obligations under that directive;

— Order the Kingdom of the Netherlands to pay the costs.

Pleas in law and main arguments

The period within which the directive had to be transposed into
national law expired on 30 October 2005.

provisions

of Directive

— declare that, by failing to take all the measures necessary to
comply with the judgment of the Court of Justice of the
European Communities of 15 July 2004 in Case C-419/
03 (1) concerning the failure to transpose into national law
the
2001/18/EC Directive
2001/18/EC of the European Parliament and of the Council
of 12 March 2001 on the deliberate release into the environ-
ment of genetically modified organisms and repealing
Council Directive 90/220/EEC (2) which diverge from or
exceed the provisions of Council Directive 90/220/EEC of
23 April 1990 on the deliberate release into the environ-
ment of genetically modified organisms (3),
the French
Republic has failed to fulfil its obligations under Article 228
(1) of the Treaty Establishing the European Community;

— order the French Republic to pay to pay into the Commis-
sion's ‘European Community own resources’ account a peri-
odic penalty payment of EUR 366 744 for each day of delay
in complying with judgment in Case C-419/03 from the
date of judgment herein until the judgment in Case C-419/
03 has been complied with in full;

— order the French Republic to pay to pay into the Commis-
sion's ‘European Community own resources’ account a lump
sum of EUR 46 660 for day of delay in complying with the
judgment in Case C-419/03 from the date of the judgment
in Case C-419/03 until either:

— the judgment in Case C-419/03 has been fully complied
with (if that is the case before the judgment is delivered
in this case), or

— the judgment has been delivered in this case (if the judg-
ment delivered in Case C-419/03 has not been fully
complied with at that time);

(1) OJ L 136, p. 85.

— order French Republic to pay the costs.

Action brought on 28 February 2007 — Commission of
the European Communities v French Republic

(Case C-121/07)

(2007/C 95/59)

Language of the case: French

Pleas in law and main arguments

its obligation to transpose that directive,

More than four years after the expiry of the period prescribed
for the transposition of Directive 2001/18 and more than
28 months after the judgment of the Court of 15 July 2004 in
Case C-419/03 declaring that the French Republic had failed to
the French
fulfil
failed to take the measures necessary to
Republic has still
comply with that
the Commission
judgment. Therefore,
proposes that the French Republic should be ordered to pay a
fine and a periodic penalty payment to reflect the seriousness of
that infringement and its impact on the pursuit of the objectives
pursued by the Community legislature.

Parties

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

Defendant: French Republic

(1) Judgment not published in the ECR.
(2) OJ 1990 L 106, p. 1.
(3) OJ 1990 L 117, p. 15.