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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.
ECLI:EU:C:2007:561
62007CJ0035
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(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.