Case C-95/08: Judgment of the Court (Seventh Chamber) of 4 November 2008 — Commission of the European Communities v Grand Duchy of Luxembourg (Failure of a Member State to fulfil its obligations — Directive 2004/9/EC — Failure to designate the authorities responsible for the inspection of laboratories and for the audit of studies carried out by laboratories to assess compliance with the principles of good laboratory practice)
Date: 2008-11-04
Institutions: Court of Justice
Subjects: European Commission, Luxembourg, action for failure to fulfil an obligation, health control, national implementing measure, research body, testing

C 327/6

EN

Official Journal of the European Union

20.12.2008

Operative part of the judgment

Operative part of the judgment

The Court:

The Court:

1. Sets aside the judgment of 27 June 2007 of the Court of First
in Kingdom of

European Communities

Instance
the Netherlands v Commission (T-182/06);

the

of

2. Annuls Commission Decision 2006/372/EC of 3 May 2006
concerning draft national provisions notified by the Kingdom of the
Netherlands under Article 95(5) EC laying down limits on the
emissions of particulate matter by diesel-powered vehicles;

1. declares that by not putting in place the authorities able to verify
the implementation of the principles of good laboratory practice,
the Grand Duchy of Luxembourg has failed to fulfil its obligations
the European
under Article 3 of Directive 2004/9/EC of
Parliament and of the Council of 11 February 2004 on the inspec-
tion and verification of good laboratory practice (GLP);

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

3. Orders the Commission of the European Communities to pay the

costs.

(1) OJ C 116 of 9.5.2008.

(1) OJ C 269, 10.11.2007.

Judgment of the Court (Seventh Chamber) of 4 November
the European Communities v
2008 — Commission of

Grand Duchy of Luxembourg

Order of the Court (Sixth Chamber) of 6 October 2008
(reference for a preliminary ruling from the Tribunal de
Grande Instance de Nanterre (France)) — Société Roquette
Frères v Direction Générale des Douanes et Droits
la
Indirects, Recette Principale de Gennevilliers de

Direction Générale des Douanes et des Droits Indirects

(Case C-95/08) (1)

(Case C-466/06) (1)

(Failure of a Member State to fulfil its obligations — Directive
2004/9/EC — Failure to designate the authorities responsible
for the inspection of laboratories and for the audit of studies
carried out by laboratories to assess compliance with the prin-
ciples of good laboratory practice)

(2008/C 327/09)

Language of the case: French

(Article 104(3) of the Rules of Procedure — Common organi-
sation of the markets in the sugar sector — Isoglucose —
Setting of basic quantities for the allocation of production
quotas — Isoglucose produced as an intermediate product —
Article 24(2)
of Regulation (EEC) No 1785/81 —
Article 27(3) of Regulation (EC) No 2038/1999 — Article 1
of Regulation (EC) No 2073/2000 — Article 11(2) of Regu-
lation (EC) No 1260/2001 — Article 1 of Regulation (EC)
No 1745/2002 — Article 1 of Regulation (EC) No 1739/2003
— Production levies — Detailed rules for the application of
the quota system — Account taken of the quantities of sugar
in processed products — Determination of the exportable
surplus — Determination of average loss)

Parties

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

(2008/C 327/10)

Language of the case: French

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

Referring court

Re:

Failure of a Member State to fulfil its obligations — Directive
2004/9/EC of the European Parliament and of the Council of
11 February 2004 on the inspection and verification of good
laboratory practice (GLP) (OJ 2004 L 50, p. 28) — Failure to
the inspection of
designate the authorities responsible for
laboratories and for the audit of studies carried out by labora-
tories to assess compliance with the principles of good labora-
tory practice

Tribunal de Grande Instance de Nanterre

Parties

Applicant: Société Roquette Frères

Defendant: Direction Générale des Douanes et Droits Indirects,
Recette Principale de Gennevilliers de la Direction Générale des
Douanes et des Droits Indirects