do-me/EUR-LEX huggingface dataset:
Case C-13/09: Action brought on 9 January 2009 — Commission of the European Communities v Italian Republic
Date: 2009-01-09
Institutions: Court of Justice
Subjects: Italy, action for failure to fulfil an obligation, health risk, stem cell, traceability

7.3.2009

EN

Official Journal of the European Union

C 55/21

Action brought on 9 January 2009 — Commission of the
European Communities v Italian Republic

Defendant: Italian Republic

(Case C-12/09)

(2009/C 55/35)

Language of the case: Italian

Parties

Applicant: Commission of the European Communities (repre-
sented by: C. Cattabriga and S. Mortoni, acting as Agents)

Defendant: Italian Republic

Forms of order sought

the first

— Declare that the Italian Republic has failed to fulfil its obliga-
subparagraph of Article 7(1) of
tions under
Commission Directive 2006/17/EC (1) 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, by not adopting all the laws, regulations
and administrative provisions necessary to comply with
Directive 2006/17/EC or,
in any event, by not communi-
cating those measures to the Commission.

— Order the Italian Republic to pay the costs.

Pleas in law and main arguments

The period for transposition of Directive 2006/17/EC expired
on 1 November 2006.

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

Forms of order sought

— Declare that the Italian Republic has failed to fulfil its obliga-
tions under
the first subparagraph of Article 11(1) of
Commission Directive 2006/86/EC (1) 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, by not adopting all the laws, regulations and adminis-
trative provisions necessary to comply with Directive
2006/86/EC or, in any event, by not communicating those
measures to the Commission.

— Order the Italian Republic to pay the costs.

Pleas in law and main arguments

The period for transposition of Directive 2006/86/EC expired
on 1 September 2007.

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

Action brought on 9 January 2009 — Commission of the
European Communities v Italian Republic

(Case C-13/09)

(2009/C 55/36)

Language of the case: Italian

Parties

Order of the President of the Court of 4 December 2008
— Commission of the European Communities v Grand
Duchy of Luxembourg

(Case C-240/08) (1)

(2009/C 55/37)

Language of the case: French

The President of
removed from the register.

the Court has ordered that

the case be

Applicant: Commission of the European Communities (repre-
sented by: C. Cattabriga and S. Mortoni, acting as Agents)

(1) OJ C 183, 19.7.2008.
Case C-11/09: Action brought on 9 January 2009 — Commission of the European Communities v Portuguese Republic
Date: 2009-01-09
Institutions: Court of Justice
Subjects: Portugal, action for failure to fulfil an obligation, donation, stem cell

C 55/20

EN

Official Journal of the European Union

7.3.2009

Form of order sought

Pleas in law and main arguments

— declare that, by not adopting the laws, regulations and
administrative provisions necessary to comply with Directive
2005/68 (1) of the European Parliament and of the Council
of 16 November 2005, and in any event by not notifying
those provisions to the Commission, the Hellenic Republic
has failed to fulfil its obligations under that directive;

— order the Hellenic Republic to pay the costs.

Pleas in law and main arguments

The time-limit for transposition of Directive 2005/68/EC of
16 November 2005 into domestic law expired on 10 December
2007.

(1) OJ L 323 of 9.12.2005, p. 1.

The period prescribed for
domestic law expired on 1 September 2007.

transposing the directive

into

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

Action brought on 9 January 2009 — Commission of the
European Communities v Portuguese Republic

(Case C-11/09)

(2009/C 55/34)

Language of the case: Portuguese

Action brought on 9 January 2009 — Commission of the
European Communities v Portuguese Republic

Parties

(Case C-10/09)

(2009/C 55/33)

Language of the case: Portuguese

Parties

Applicant: Commission of the European Communities (repre-
sented by C. Cattabriga and M. Teles Romão, Agents)

Defendant: Portuguese Republic

Form of order sought

— a declaration that, by failing to adopt the laws, regulations
and administrative provisions necessary to comply with
Commission Directive 2006/86/EC (1) 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 or, at any event, by failing to communicate those
measures to the Commission, the Portuguese Republic has
failed to fulfil its obligations under that directive;

— an order that the Portuguese Republic should pay the costs.

Applicant: Commission of the European Communities (repre-
sented by C. Cattabriga and M. Teles Romão, Agents)

Defendant: Portuguese Republic

Form of order sought

— a declaration that, by failing to adopt the laws, regulations
and administrative provisions necessary to comply with
Commission Directive 2006/17/EC (1) 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 or, at any event, by failing to communicate
those measures to the Commission, the Portuguese Republic
has failed to fulfil its obligations under that directive

— an order that the Portuguese Republic should pay the costs.

Pleas in law and main arguments

The period prescribed for transposing the directive expired on
1 November 2006.

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