CELEX: C2007/283/34
Language: en
Date: 2007-11-24 00:00:00
Title: Case C-422/07: Action brought on 13 September 2007 — Commission of the European Communities v Kingdom of Spain

24.11.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 283/19
            
         Action brought on 13 September 2007 — Commission of the European Communities v Kingdom of Spain
   (Case C-422/07)
   (2007/C 283/34)
   Language of the case: Spanish
   Parties
   
      Applicant: Commission of the European Communities (represented by: S. Pardo Quintillán and D. Recchia, Agents)
   
      Defendant: Kingdom of Spain
   Forms of order sought
   
               —
            
            
               Declare that, by not adopting the necessary measures for verification of compliance with good laboratory practice in relation to inspections and study checks in the industrial chemical substances sector, the Kingdom of Spain has failed to fulfil its obligations under Article 3 of Directive 2004/10/EC (1) of the European Parliament and of the Council of 11 February 2004 on the harmonisation of laws, regulations and administrative provisions relating to the application of the principles of good laboratory practice and the verification of their applications for tests on chemical substances
            
         
               —
            
            
               Order the Kingdom of Spain to pay the costs.
            
         Pleas in law and main arguments
   The Commission has no evidence that the necessary measures have been adopted in Spain for study checks in accordance with principles of good laboratory practice on the part of the laboratories carrying out tests on industrial chemicals. Neither has any authority been designated in Spain as responsible for the verification of the compliance with the principles of good laboratory practice on the part of those aforementioned laboratories or, in any case, the name of that authority has not been communicated to the Commission.
   Consequently it can be stated that the Kingdom of Spain has proceeded without adopting the necessary measures for the verification of compliance of good laboratory practice relating to inspections and study checks in the industrial chemical products sector as intended in Article 3 of the Directive.
   
      (1)  OJ L 50, 20.2.2004, p. 44.