Case C-66/07: Judgment of the Court (Seventh Chamber) of 27 September 2007 — Commission of the European Communities v Ireland (Failure of a Member State to fulfil obligations — Directive 2004/27/EC — Medicinal products for human use — Failure to transpose into national law within the prescribed period)
Date: 2007-12-08
Institutions: Court of Justice
Subjects: European Commission, Ireland, action for failure to fulfil an obligation, legal code, medicinal product, national implementing measure, pharmaceutical legislation, public health

8.12.2007

EN

Official Journal of the European Union

C 297/19

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

Ireland

(Case C-66/07) (1)

Other parties to the proceedings: Council of the European Union
(represented by: M. Bishop and D. Canga Fano, Agents) and
Commission of
the European Communities (represented by:
X. Lewis and J. Hottiaux, Agents)

(Failure of a Member State to fulfil obligations — Directive
2004/27/EC — Medicinal products for human use — Failure
to transpose into national law within the prescribed period)

Re:

(2007/C 297/30)

Language of the case: English

Parties

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

Defendant: Ireland (represented by: D. O'Hagan, Agent)

Re:

Failure of a Member State to fulfil obligations — Failure to
adopt, within the period prescribed, the provisions necessary to
comply with Directive 2004/27/EC of the European Parliament
and of
the Council of 31 March 2004 amending Directive
2001/83/EC on the Community code relating to medicinal
products for human use (OJ 2004 L 136, p. 34)

Operative part of the judgment

The Court:

1) Declares that, by not adopting within the prescribed period the
laws, regulations and administrative provisions necessary to comply
with Directive 2004/27/EC of the European Parliament and of
the Council of 31 March 2004 amending Directive 2001/83/EC
on the Community code relating to medicinal products for human
use, Ireland has failed to fulfil its obligations under that directive;

2) Orders Ireland to pay the costs.

(1) OJ C 69, 24.3.2007.

Appeal brought against the judgment of
the Court of First
Instance (Fifth Chamber) of 30 March 2006 in Case T-367/03
Yedaș Tarim ve Otomotiv Sanayi ve Ticaret AȘ v Council of
the
European Union and Commission of the European Communities, in
which the Court of First Instance dismissed, as being unfounded,
an action seeking to recover compensation in respect of damage
allegedly suffered by the appellant as a result of the respondent
institutions' failure to comply with the obligations laid down in
the provisions governing the Customs Union between the
European Union and Turkey,
in particular the obligation to
provide financial aid for the purpose of offsetting the negative
effects of the Customs Union on the Turkish economy.

Operative part of the order

1. The appeal is dismissed.

2. Yedaș Tarim ve Otomotiv Sanayi ve Ticaret AȘ is ordered to pay

the costs.

(1) OJ C 212, 2.9.2006.

Order of the Court of 10 July 2007 — AEPI Elliniki Etaireia
v
pros

Prostasian
Commission of the European Communities

Idioktisias AE

Pnevmatikis

tis

(Case C-461/06 P) (1)

(Appeal — Action for annulment — Refusal by the
Commission to initiate proceedings for failure to fulfil obliga-
tions — Inadmissibility)

Order of the Court of 5 July 2007 — Yedaș Tarim ve
Otomotiv Sanayi ve Ticaret AȘ v Council of the European
Union, Commission of the European Communities

(Case C-255/06 P) (1)

(Appeal — International agreements — EEC-Turkey Associa-
tion Agreement — Customs Union between the European
Community and Turkey — Compensatory financial aid)

Parties

(2007/C 297/32)

Language of the case: Greek

(2007/C 297/31)

Language of the case: English

Parties

Applicant: Yedaș Tarim ve Otomotiv Sanayi ve Ticaret AȘ (repre-
sented by: R. Sinner, Lawyer)

Applicant(s): AEPI Elliniki Etaireia pros Prostasian tis Pnevmatikis
Idioktisias AE (represented by: T. Asprogerakas-Grivas, Δικη-
γόρος)

Other party to the proceedings: Commission of
the European
Communities (represented by: T. Christoforou and F. Castillo de
la Torre, Agents)