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Case C-7/09: Judgment of the Court (Sixth Chamber) of 12 November 2009 — Commission of the European Communities v Kingdom of Belgium (Failure of a Member State to fulfil obligations — Directive 2006/86/EC — Traceability requirements, notification of serious adverse reactions and events and certain technical requirements for the coding, processing, preservation, storage and distribution of human tissues and cells — Failure to transpose within the prescribed periods)
ECLI:EU:UNKNOWN:62009CA0007
62009CA0007
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16.1.2010
Official Journal of the European Union
C 11/6
(Case C-7/09)
(Failure of a Member State to fulfil obligations - Directive 2006/86/EC - Traceability requirements, notification of serious adverse reactions and events and certain technical requirements for the coding, processing, preservation, storage and distribution of human tissues and cells - Failure to transpose within the prescribed periods)
2010/C 11/10
Language of the case: French
Parties
Applicant: Commission of the European Communities (represented by: C. Cattabriga and J. Sénéchal, acting as Agents)
Defendant: Kingdom of Belgium (represented by: D. Haven, acting as Agent)
Re:
Failure of a Member State to fulfil its obligations — Failure to have adopted or communicated, within the prescribed time-limit, the measures necessary to comply with Commission Directive 2006/86/EC of 24 October 2006 implementing Directive 2004/23/EC of the European Parliament and of the Council as regards traceability requirements, notification of serious adverse reactions and events and certain technical requirements for the coding, processing, preservation, storage and distribution of human tissues and cells (OJ 2006 L 294, p. 32)
Operative part of the judgment
The Court:
1.declares that, by not adopting within the period prescribed in the first subparagraph of Article 11(1) of Commission Directive 2006/86/EC of 24 October 2006 implementing Directive 2004/23/EC of the European Parliament and of the Council as regards traceability requirements, notification of serious adverse reactions and events and certain technical requirements for the coding, processing, preservation, storage and distribution of human tissues and cells all the laws, regulations and administrative provisions necessary to comply with that directive, the Kingdom of Belgium has failed to fulfil its obligations under that directive;
2.orders the Kingdom of Belgium to pay the costs.
* * *
(1) OJ C 69, 21.03.2009.