Case C-311/07: Judgment of the Court (Eighth Chamber) of 17 July 2008 — Commission of the European Communities v Republic of Austria (Failure of a Member State to fulfil obligations — Directive 89/105/EEC — Inclusion of medicinal products for human use in the national health insurance system — Article 6(1) — List of medicinal products covered by the national health insurance system establishing three different categories of reimbursement subject to conditions — Time-limit for adopting a decision on an application for inclusion of a medicinal product in the categories of that list offering the most favourable reimbursement conditions)
Date: 2008-07-17
Institutions: Court of Justice
Subjects: Austria, EU law - national law, action for failure to fulfil an obligation, fixing of prices, health care system, health expenditure, health insurance, medicinal product

C 223/16

EN

Official Journal of the European Union

30.8.2008

Re:

Re:

Failure of a Member State to fulfil its obligations — Failure to
transpose Council Directive 89/48/EEC of 21 December 1988
on a general system for the recognition of higher-education
diplomas awarded on completion of professional education and
training of at least three years' duration (OJ 1989 L 19, p. 16)
in relation to the profession of pharmacist specialising in
medical biology

Operative part of the judgment

The Court:

1. declares that, by failing to adopt the measures necessary to trans-
pose Council Directive 89/48/EEC of 21 December 1988 on a
general system for the recognition of higher-education diplomas
awarded on completion of professional education and training of at
least three years' duration, as amended by Directive 2002/19/EC
of the European Parliament and the Council of 14 May 2001, in
relation to the profession of pharmacist specialising in medical
biology, the Portuguese Republic has failed to fulfil its obligations
under that directive;

2. orders the Portuguese Republic to pay the costs.

(1) OJ C 199, of 25.8.2007.

Failure of a Member State to fulfil obligations — Infringement
of Article 6(1) of Council Directive 89/105/EEC of 21 December
1988 relating to the transparency of measures regulating the
pricing of medicinal products for human use and their inclusion
in the scope of national health insurance systems (OJ 1989 L 40,
p. 8) — National legislation on social security establishing a list
of medicinal products covered by the health insurance system
comprising three categories of medicinal products differing
according to their conditions of reimbursement — Failure to
have set a time-limit as required by Article 6(1) of Directive
89/105/EEC for decisions relating to the inclusion of medicinal
products in the most favourable categories

Operative part of the judgment

The Court:

1. Declares that, by failing to lay down a time-limit, in accordance
with Article 6(1)
of Council Directive 89/105/EEC of
21 December 1988 relating to the transparency of measures regu-
lating the pricing of medicinal products for human use and their
inclusion in the scope of national health insurance systems, for the
adoption of decisions relating to applications for inclusion of medic-
inal products in the yellow or green categories of the medicinal
products reimbursement code provided for by the general Law on
social
as
amended by the Law of 2003 amending social insurance (Sozial-
versicherungs-Änderungsgesetz 2003), the Republic of Austria has
failed to fulfil its obligations under that provision.

Sozialversicherungsgesetz),

(Allgemeines

insurance

2. Order the Republic of Austria to pay the costs.

Judgment of the Court (Eighth Chamber) of 17 July 2008
— Commission of the European Communities v Republic
of Austria

(1) OJ C 211, 8.9.2007.

(Case C-311/07) (1)

(Failure of a Member State to fulfil obligations — Directive
89/105/EEC — Inclusion of medicinal products for human
use in the national health insurance system — Article 6(1) —
List of medicinal products covered by the national health
insurance system establishing three different categories of
reimbursement
for
adopting a decision on an application for inclusion of a medi-
cinal product in the categories of that list offering the most
favourable reimbursement conditions)

to conditions — Time-limit

subject

(2008/C 223/25)

Language of the case: German

Parties

Judgment of the Court (First Chamber) of 17 July 2008
(reference for a preliminary ruling from the Wojewódzki
Sąd Administracyjny w Białymstoku — Republic of
Poland) — Dariusz Krawczyński v Dyrektor Izby Celnej w
Białymstoku

(Case C-426/07) (1)

(Internal taxation — Taxes on motor vehicles — Excise duty
— Second-hand vehicles — Importation)

(2008/C 223/26)

Language of the case: Polish

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

Referring court

Defendant: Republic of Austria (represented by: C. Pesendorfer,
Agent)

Wojewódzki Sąd Administracyjny w Białymstoku