CELEX: 62007CJ0035
Language: en
Date: 2007-09-27
Title: Judgment of the Court (Eighth Chamber) of 27 September 2007. # Commission of the European Communities v Portuguese Republic. # Failure of Member State to fulfil obligations -Directive 2004/28/EC - Veterinary medicinal products - Non-transposition within the prescribed period. # Case C-35/07.

Judgment of the Court (Eighth Chamber) of 27 September 2007 – Commission v Portugal
      (Case C‑35/07)
      Failure of Member State to fulfil obligations – Directive 2004/28/EC – Veterinary medicinal products – Non-transposition within the prescribed period
      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. 7)
      Re:
      
         Failure of Member State to fulfil obligations – Failure to take within the prescribed period all the measures necessary to
                  comply with Directive 2004/28/EC of the European Parliament and of the Council of 31 March 2004 amending Directive 2001/82/EC
                  on the Community code relating to veterinary medicinal products (OJ 2004 L 136, p. 58).
               
            Operative part
      The Court:
      
         
                   
               
               
                  
               
               
                  Declares that by not having adopted the legislative, regulatory and administrative measures necessary to comply with Directive
                     2004/28/EC of the European Parliament and of the Council of 31 March 2004 amending Directive 2001/82/EC on the Community code
                     relating to veterinary medicinal products, the Portuguese Republic has failed to fulfil its obligations under that directive;
                  
               
            
         
                   
               
               
                  
               
               
                  Orders the Portuguese Republic to pay the costs.