Case C-115/07: Action brought on 27 February 2007 — Commission of the European Communities v Czech Republic
Date: 2007-04-28
Institutions: Court of Justice
Subjects: Czechia, European Commission, action for failure to fulfil an obligation, legal code, medicinal product, national implementing measure, pharmaceutical legislation, public health

28.4.2007

EN

Official Journal of the European Union

C 95/29

Parties to the main proceedings

Applicants:
Gómez

José Manuel Blanco Pérez, Maria del Pilar Chao

Defendant: Principado de Asturias

Question referred

Should Articles 2, 3, 4 and 5 of Decree 72/2001 of 19 July
regulating Pharmacies and Pharmaceutical Dispensaries and the
First Section of Chapter II of said Decree, pursuant to the provi-
sions of Article 103 of Law 14/1986 (General Health) and of
Article 88 of Law 25/1990 of 20 December (on medicinal
products), be considered to be in breach of Article 43 of the
Treaty establishing the European [Community]?

Action brought on 27 February 2007 — Commission of
the European Communities v Czech Republic

(Case C-115/07)

(2007/C 95/54)

Language of the case: Czech

Parties

Applicant: Commission of the European Communities (repre-
sented by B. Stromsky and M. Šimerdová, Agents)

Defendant: Czech Republic

Form of order sought

The Court is asked to:

Action brought on 27 February 2007 — Commission of
the European Communities v Czech Republic

(Case C-114/07)

(2007/C 95/53)

Language of the case: Czech

the European Parliament and of

— declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Directive
2004/27/EC (1) of
the
Council of 31 March 2004 amending Directive 2001/83/EC
on the Community code relating to medicinal products for
human use, or in any event by not communicating such
measures to the Commission, the Czech Republic has failed
to fulfil its obligations under Article 3 of that directive;

— order the Czech Republic to pay the costs.

Parties

Applicant: Commission of the European Communities (repre-
sented by B. Stromsky and M. Šimerdová, Agents)

Pleas in law and main arguments

Defendant: Czech Republic

Form of order sought

The Court is asked to:

the European Parliament and of

— declare that, by failing to adopt 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 communicating such measures
to the Commission, the Czech Republic has failed to fulfil its
obligations under Article 2(1) of that directive;

— order the Czech Republic to pay the costs.

The period prescribed for transposing the directive into national
law expired on 30 October 2005.

(1) OJ 2004 L 136, p. 34.

Action brought on 27 February 2007 — Commission of
the European Communities v Czech Republic

(Case C-116/07)

(2007/C 95/55)

Language of the case: Czech

Pleas in law and main arguments

The period prescribed for transposing the directive into national
law expired on 30 October 2005.

Parties

(1) OJ 2004 L 136, p. 85.

Applicant: Commission of the European Communities (repre-
sented by B. Stromsky and M. Šimerdová, Agents)

Defendant: Czech Republic