Case C-35/07: Judgment of the Court (Eighth Chamber) of 27 September 2007 — Commission of the European Communities v Portuguese Republic (Failure of Member State to fulfil obligations — Directive 2004/28/EC — Veterinary medicinal products — Non-transposition within the prescribed period)
Date: 2007-12-08
Institutions: Court of Justice
Subjects: European Commission, Portugal, action for failure to fulfil an obligation, legal code, national implementing measure, pharmaceutical legislation, veterinary drug

C 297/18

EN

Official Journal of the European Union

8.12.2007

Judgment of the Court (Seventh Chamber) of 27 September
the European Communities v
2007 — Commission of

Judgment of the Court (Eighth Chamber) of 27 September
the European Communities v
2007 — Commission of

French Republic

(Case C-9/07) (1)

Portuguese Republic

(Case C-35/07) (1)

(Failure of a Member State to fulfil obligations — Directive
2002/74/EC — Protection of employees in the event of the
insolvency of their employer — Failure to transpose within the
prescribed period)

(Failure of Member State to fulfil obligations — Directive
2004/28/EC — Veterinary medicinal products — Non-trans-
position within the prescribed period)

(2007/C 297/28)

(2007/C 297/29)

Language of the case: French

Language of the case: Portuguese

Parties

Parties

Applicant: Commission of the European Communities (repre-
sented by: J. Enegren and G. Rozet, acting as Agents)

Defendant: French Republic (represented by: G. de Bergues and
O. Christmann, acting as Agents)

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

Defendant: Portuguese Republic.
and F. Fraústo de Azevedo, agents)

(represented by: L. Fernandes

Re:

Failure of a Member State to fulfil obligations — Failure to
adopt within the prescribed period the provisions necessary to
comply with Directive 2002/74/EC of the European Parliament
and of the Council of 23 September 2002 amending Council
Directive 80/987/EEC on the approximation of the laws of the
Member States relating to the protection of employees in the
event of the insolvency of their employer (OJ 2002 L 270,
p. 10)

Re:

Failure of Member State to fulfil obligations — Failure to take
within the prescribed period all
the measures necessary to
comply with Directive 2004/28/EC of the European Parliament
and of
the Council of 31 March 2004 amending Directive
2001/82/EC on the Community code relating to veterinary
medicinal products (OJ 2004 L 136, p. 58)

Operative part of the judgment

Operative part of the judgment

The Court:

The Court:

1. Declares

the laws,
regulations and
that, by failing to adopt
administrative provisions necessary
to comply with Directive
2002/74/EC of the European Parliament and of the Council of
23 September 2002 amending Council Directive 80/987/EEC on
the approximation of the laws of the Member States relating to the
their
protection of employees in the event of
employer, the French Republic has failed to fulfil
its obligations
under that directive.

the insolvency of

1. Declares that by not having adopted the legislative, regulatory and
administrative measures necessary
comply with Directive
2004/28/EC of the European Parliament and of the Council of
31 March 2004 amending Directive 2001/82/EC on the Com-
munity
the
Portuguese Republic has failed to fulfil its obligations under that
directive;

veterinary medicinal products,

relating to

code

to

2. Orders the French Republic to pay the costs.

2. Orders the Portuguese Republic to pay the costs.

(1) OJ C 69 of 24.3.2007.

(1) OJ C 56 of 10.3.2007.