EN

Official Journal of the European Union

C 116/14

(Case C-95/08)

(2008/C 116/24)

Language of the case: French

Parties

Applicant: Commission of the European Communities (represented by: G. Rozet and P. Oliver, acting as Agents)

Defendant: Grand-Duchy of Luxembourg

Form of order sought

—Declare that, by not putting in place the authorities able to verify the implementation of the principles of good laboratory practice (GLP), the Grand-Duchy of Luxembourg has failed to fulfil its obligations under Article 3 of Directive 2004/9/EC of the European Parliament and of the Council of 11 February 2004 on the inspection and verification of good laboratory practice (GLP)(1);

—Order the Grand-Duchy of Luxembourg to pay the costs.

Pleas in law and main arguments

The time-limit for the implementation of Directive 2004/9/EC expired on 12 March 2004. The defendant is still not equipped with authorities having the competences necessary to inspect the laboratories and to audit the studies carried out by those laboratories to assess compliance with good laboratory practice.

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(1) Directive 2004/9/EC of the European Parliament and of the Council of 11 February 2004 on the inspection and verification of good laboratory practice (GLP) (OJ 2004 L 50, p. 28).