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Case C-12/09: Judgment of the Court (Seventh Chamber) of 12 November 2009 — Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil obligations — Directive 2006/17/EC — Technical requirements for the donation, procurement and testing of human tissues and cells — Failure to transpose within the prescribed period)
ECLI:EU:UNKNOWN:62009CA0012
62009CA0012
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16.1.2010
Official Journal of the European Union
C 11/7
(Case C-12/09)
(Failure of a Member State to fulfil obligations - Directive 2006/17/EC - Technical requirements for the donation, procurement and testing of human tissues and cells - Failure to transpose within the prescribed period)
2010/C 11/11
Language of the case: Italian
Parties
Applicant: Commission of the European Communities (represented by: C. Cattabriga and S. Mortoni, acting as Agents)
Defendant: Italian Republic (represented by: I. Bruni, acting as Agent, F. Arena, avvocato dello Stato)
Re:
Failure of a Member State to fulfil obligations — Failure to adopt, within the prescribed period, the provisions necessary to comply with Commission Directive 2006/17/EC of 8 February 2006 implementing Directive 2004/23/EC of the European Parliament and of the Council as regards certain technical requirements for the donation, procurement and testing of human tissues and cells (OJ 2006 L 38, p. 40)
Operative part of the judgment
The Court:
1.declares that, by failing to adopt, within the prescribed period, all the laws, regulations and administrative provisions necessary to comply with Commission Directive 2006/17/EC of 8 February 2006 implementing Directive 2004/23/EC of the European Parliament and of the Council as regards certain technical requirements for the donation, procurement and testing of human tissues and cells, the Italian Republic has failed to fulfil its obligations under the first subparagraph of Article 7(1) of Directive 2006/17;
2.orders the Italian Republic to pay the costs.
(1) OJ C 55, 07.03.2009.