CELEX: 62007CJ0060
Language: en
Date: 2007-11-08
Title: Judgment of the Court (Seventh Chamber) of 8 November 2007. # Commission of the European Communities v Czech Republic. # Failure of a Member State to fulfil obligations - Directive 2004/33/EC - Technical requirements for blood and blood components - Failure to transpose within the period prescribed. # Case C-60/07.

Judgment of the Court (Seventh Chamber) of 8 November 2007 – Commission v Czech Republic
      (Case C‑60/07)
      Failure of a Member State to fulfil obligations – Directive 2004/33/EC – Technical requirements for blood and blood components – Failure to transpose within the period prescribed
      1.                     Actions for failure to fulfil obligations – Examination of merits by the Court – Situation to be taken into consideration
            – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC) (see para. 9)
      2.                     Member States – Obligations – Implementation of directives – Failure to fulfil obligations – National system pleaded as justification
            – Not permissible (Art. 226 EC) (see para. 11)
      Re: 
      
         Failure of a Member State to fulfil obligations – Failure to adopt, within the period prescribed, the measures necessary to
                  comply with Commission Directive 2004/33/EC of 22 March 2004 implementing Directive 2002/98/EC of the European Parliament
                  and of the Council as regards certain technical requirements for blood and blood components (OJ 1998 L 91, p. 25).
               
            Operative part 
      
         
                   
               
               
                  
               
               
                  By failing to adopt, within the period prescribed, the laws, regulations and administrative provisions necessary to comply
                     with Commission Directive 2004/33/EC of 22 March 2004 implementing Directive 2002/98/EC of the European Parliament and of
                     the Council as regards certain technical requirements for blood and blood components, the Czech Republic has failed to fulfil
                     its obligations under that directive.
                  
               
            
         
                   
               
               
                  
               
               
                  The Czech Republic is ordered to pay the costs.