Case C-50/07: Judgment of the Court (Sixth Chamber) of 18 July 2007 — Commission of the European Communities v Kingdom of Spain (Failure of a Member State to fulfil obligations — Directive 2004/24/EC — Pharmaceutical specialities — Traditional herbal medicinal products — Community code — Medicinal products for human use — Failure to transpose within the period prescribed)
Date: 2007-09-08
Institutions: Court of Justice
Subjects: European Commission, Spain, action for failure to fulfil an obligation, medical plant, medicinal product, national implementing measure, pharmaceutical legislation

C 211/10

EN

Official Journal of the European Union

8.9.2007

Judgment of the Court (Sixth Chamber) of 18 July 2007 —
the European Communities v Hellenic
Commission of

Republic

(Case C-26/07) (1)

(Failure of a Member State to fulfil obligations — Directive
2004/80/EC — Compensation to crime victims — Failure to
transpose within the period prescribed)

Judgment of the Court (Sixth Chamber) of 18 July 2007 —
Commission of the European Communities v Kingdom of
Spain

(Case C-50/07) (1)

(Failure of a Member State to fulfil obligations — Directive
2004/24/EC — Pharmaceutical specialities — Traditional
herbal medicinal products — Community code — Medicinal
products for human use — Failure to transpose within the
period prescribed)

(2007/C 211/17)

Language of the case: Greek

(2007/C 211/18)

Language of the case: Spanish

Parties

Parties

Applicant: Commission of the European Communities (repre-
sented by: M. Condou-Durande and A.-M. Rouchaud-Joët, acting
as Agents)

Defendant: Hellenic Republic (represented by: N. Dafniou, Agent)

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

Defendant: Kingdom of Spain (represented by: F. Díez Moreno,
Agent)

Re:

Failure of a Member State to fulfil obligations — Failure to
adopt, within the period prescribed, all the measures necessary
to comply with Council Directive 2004/80/EC of 29 April
2004 relating to compensation to crime victims (OJ 2004
L 261, p. 15)

Re:

Failure of a Member State to fulfil its obligations — Failure to
adopt within the period prescribed the provisions necessary to
comply with Directive 2004/24/EC of the European Parliament
and 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 (OJ 2004 L 136, p. 85)

Operative part of the judgment

The Court:

1. Declares that, by failing to adopt, within the period prescribed, the
laws, regulations and administrative provisions necessary to comply
with Council Directive 2004/80/EC of 29 April 2004 relating to
compensation to crime victims, the Hellenic Republic has failed to
fulfil its obligations under that directive;

Operative part of the judgment

The Court:

1. Declares that, by failing to adopt, within the period prescribed, the
laws, regulations and administrative provisions necessary to comply
with Directive 2004/24/EC of the European Parliament and of the
Council of 31 March 2004 amending, as regards traditional
herbal medicinal products, Directive 2001/83/EC on the Com-
munity code relating to medicinal products for human use, the
Kingdom of Spain has failed to fulfil
its obligations under that
directive;

2. Orders the Hellenic Republic to pay the costs.

2. Orders the Kingdom of Spain to pay the costs.

(1) OJ C 56, 10.3.2007.

(1) OJ C 69, 24.3.2007.