Case C-8/09: Action brought on 9 January 2009 — Commission of the European Communities v Kingdom of Belgium
Date: 2009-01-09
Institutions: Court of Justice
Subjects: Belgium, action for failure to fulfil an obligation, donation, free movement of goods, stem cell

21.3.2009

EN

Official Journal of the European Union

C 69/25

Pleas in law and main arguments

Action brought on 9 January 2009 — Commission of the
European Communities v Kingdom of Belgium

The deadline for transposition of Directive 2006/86/EC, with
the exception of Article 10, expired on 1 September 2007.
When this action was brought,
the defendant had not yet
adopted all the measures necessary to transpose the directive or,
in any case, had not communicated them to the Commission.

(1) OJ 2006 L 294, p. 32.

(Case C-9/09)

(2009/C 69/46)

Language of the case: French

Parties

Applicant: Commission of the European Communities (repre-
sented by: C. Cattabriga and J. Sénéchal, Agents)

Action brought on 9 January 2009 — Commission of the
European Communities v Kingdom of Belgium

Defendant: Kingdom of Belgium

Form of order sought

(Case C-8/09)

(2009/C 69/45)

Language of the case: French

Parties

Applicant: Commission of the European Communities (repre-
sented by: C. Cattabriga and J. Sénéchal, Agents)

Defendant: Kingdom of Belgium

Form of order sought

to

necessary

provisions

— declare that, by not adopting all the laws, regulations and
administrative
comply with
Commission Directive 2006/17/EC of 8 February 2006
implementing Directive 2004/23/EC of the European Parlia-
ment and of the Council as regards certain technical require-
ments for the donation, procurement and testing of human
tissues and cells (1) or, in any case, by not communicating
them to the Commission,
the Kingdom of Belgium has
failed to fulfil its obligations under that directive;

— declare that, by not adopting all the laws, regulations and
administrative provisions necessary to comply with Directive
2004/23/EC of the European Parliament and of the Council
of 31 March 2004 on setting standards of quality and safety
for the donation, procurement, testing, processing, preserva-
tion, storage and distribution of human tissues and cells (1)
or, in any case, by not communicating them to the Commis-
sion, the Kingdom of Belgium has failed to fulfil its obliga-
tions under that directive;

— order the Kingdom of Belgium to pay the costs.

Pleas in law and main arguments

The deadline for transposition of Directive 2004/23/EC expired
on 7 April 2006. When this action was brought, the defendant
had not yet adopted all the measures necessary to transpose the
directive or, in any case, had not communicated them to the
Commission.

(1) OJ 2004 L 102, p. 48.

— order the Kingdom of Belgium to pay the costs.

Action brought on 12 January 2009 — Commission of the
European Communities v Czech Republic

Pleas in law and main arguments

The deadline for transposition of Directive 2006/17/EC expired
on 1 November 2006. When this action was brought,
the
defendant had not yet adopted all the measures necessary to
transpose the directive or, in any case, had not communicated
them to the Commission.

(1) OJ 2006 L 38, p. 40.

(Case C-15/09)

(2009/C 69/47)

Language of the case: Czech

Parties

Applicant: Commission of the European Communities (repre-
sented by: M. van Beck and L. Jelínek, acting as Agents)

Defendant: Czech Republic