Case C-224/07: Judgment of the Court (Sixth Chamber) of 8 November 2007 — Commission of the European Communities v Grand Duchy of Luxembourg (Failure of a Member State to fulfil obligations — Directive 2004/49/EC — Safety on the Community's railways — Incomplete transposition)
Date: 2007-12-22
Institutions: Court of Justice
Subjects: Community certification, European Commission, Luxembourg, action for failure to fulfil an obligation, national implementing measure, rail transport, trans-European network, transport licence, transport policy, transport safety

22.12.2007

EN

Official Journal of the European Union

C 315/23

Judgment of the Court (Eighth Chamber) of 25 October
the European Communities v
2007 — Commission of

Judgment of the Court (Sixth Chamber) of 8 November
the European Communities v
2007 — Commission of

Czech Republic

(Case C-114/07) (1)

Grand Duchy of Luxembourg

(Case C-224/07) (1)

(Failure of a Member State to fulfil obligations — The Com-
munity code relating to medicinal products for human use —
Directive 2004/24/EC — Traditional herbal medicinal
products — Failure to transpose within the prescribed period)

(Failure of a Member State to fulfil obligations — Directive
2004/49/EC — Safety on the Community's railways —
Incomplete transposition)

(2007/C 315/39)

Language of the case: Czech

(2007/C 315/40)

Language of the case: French

Parties

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

Defendant: Czech Republic (represented by: T. Boček, Agent)

Re:

Failure of a Member State to fulfil obligations — Failure to
adopt, within the prescribed period, 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 medic-
inal products, Directive 2001/83/EC on the Community code
relating to medicinal products for human use (OJ 2004 L 136,
p. 85)

Parties

Applicant: Commission of the European Communities (repre-
sented by: N. Yerrell and P. Dejmek, Agents)

Defendant: Grand Duchy of Luxembourg (represented by: C.
Schiltz, Agent)

Re:

Failure of a Member State to fulfil obligations — Failure to
adopt, within the period prescribed, the measures necessary to
comply with Directive 2004/49/EC of the European Parliament
and of the Council of 29 April 2004 on safety on the Commu-
nity's railways and amending Council Directive 95/18/EC on the
licensing of railway undertakings and Directive 2001/14/EC on
the allocation of railway infrastructure capacity and the levying
of charges for the use of railway infrastructure and safety certifi-
cation (Railway Safety Directive) (OJ 2004 L 164, p. 44 and
corrigendum OJ 2004 L 220, p. 16)

Operative part of the judgment

The Court:

Operative part of the judgment

The Court:

1. Declares that, by failing to adopt, within the prescribed period, 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
Czech Republic has failed to fulfil its obligations under that direc-
tive;

1. Declares that, by failing to bring into force all the laws, regulations
and administrative provisions necessary to comply with Directive
2004/49/EC of the European Parliament and of the Council of
29 April 2004 on safety on the Community's railways and
amending Council Directive 95/18/EC on the licensing of railway
undertakings and Directive 2001/14/EC on the allocation of
railway infrastructure capacity and the levying of charges for the use
of railway infrastructure and safety certification (Railway Safety
Directive), the Grand Duchy of Luxembourg has failed to fulfil its
obligations under that directive;

2. Orders the Czech Republic to pay the costs.

2. Orders the Grand Duchy of Luxembourg to pay the costs.

(1) OJ C 95, 28.4.2007.

(1) OJ C 155, 7.7.2007.