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Judgment of the Court (Sixth Chamber) of 27 September 2007. # Commission of the European Communities v Czech Republic. # Failure of a Member State to fulfil its obligations - Directive 2004/27/EC - Proprietary medicinal products - Medicinal products for human use - Failure to transpose within the prescribed period. # Case C-115/07.
ECLI:EU:C:2007:564
62007CJ0115
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(Case C‑115/07)
Failure of a Member State to fulfil its obligations – Directive 2004/27/EC – Proprietary medicinal products – Medicinal products for human use – Failure to transpose 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. 9)
Re:
Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, all the provisions necessary to comply with Directive 2004/27/EC of the European Parliament and of the Council of 31 March 2004 amending Directive 2001/83/EC on the Community code relating to medicinal products for human use (OJ 2004 L 136, p. 34).
Operative part
The Court:
By failing to adopt, within the prescribed period, the laws, regulations and administrative provisions necessary to comply with Directive 2004/27/EC of the European Parliament and of the Council of 31 March 2004 amending Directive 2001/83/EC on the Community code relating to medicinal products for human use, the Czech Republic has failed to fulfil its obligations under Article 3 of that directive;
The Czech Republic is ordered to pay the costs.