Case C-7/09: 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, European Community, action for failure to fulfil an obligation, free movement of goods, stem cell, storage

C 69/24

EN

Official Journal of the European Union

21.3.2009

Reference for a preliminary ruling from the Conseil d'État
(France) lodged on 2 January 2009 — Centre d'Exportation
du Livre Français (CELF), Ministre de la Culture et de la
Communication v Société Internationale de Diffusion et
d'Édition

(Case C-1/09)

(2009/C 69/42)

Language of the case: French

Referring court

Conseil d'État

Parties to the main proceedings

Form of order sought

— declare that, by failing to adopt all the laws, regulations and
administrative provisions necessary to comply with Directive
2005/60/EC of the European Parliament and of the Council
of 26 October 2005 on the prevention of the use of the
financial system for the purpose of money laundering and
terrorist financing (1) or, in any case, by not communicating
all of them to the Commission, the Kingdom of Belgium has
failed to fulfil its obligations under that directive;

— order the Kingdom of Belgium to pay the costs.

Pleas in law and main arguments

The deadline for transposition of Directive 2005/60/EC expired
on 15 December 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.

Appellants: Centre d'Exportation du Livre Français
Ministre de la Culture et de la Communication

(CELF),

Respondent: Société Internationale de Diffusion et d'Édition

(1) OJ 2005 L 309, p. 15.

Questions referred

1. May the national court stay proceedings concerning the obli-
gation to recover State aid until the Commission of the Euro-
pean Communities has ruled, by way of a final decision, on
the compatibility of the aid with the rules of the common
market, where a first decision of the Commission declaring
that aid to be compatible has been annulled by the Com-
munity judicature?

2. Where the Commission has on three occasions declared the
aid to be compatible with the common market, before those
decisions were annulled by the Court of First Instance of the
European Communities, is such a situation capable of being
an exceptional circumstance which may lead the national
court to limit the obligation to recover the aid?

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

(Case C-6/09)

(2009/C 69/43)

Language of the case: French

Parties

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

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

(Case C-7/09)

(2009/C 69/44)

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 2006/86/EC of 24 October 2006
implementing Directive 2004/23/EC of the European Parlia-
ment and of the Council as regards traceability requirements,
notification of serious adverse reactions and events and
certain technical requirements for the coding, processing,
preservation, storage and distribution 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;

Defendant: Kingdom of Belgium

— order the Kingdom of Belgium to pay the costs.

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