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Valentina R., lawyer
(Failure of a Member State to fulfil obligations - Directive 2004/24/EC - Traditional herbal medicinal products - Community code - Failure to transpose within the prescribed period)
(2008/C 22/28)
Language of the case: French
Applicant: Commission of the European Communities (represented by: B. Stromsky, acting as Agent)
Defendant: French Republic (represented by: G. de Bergues abd R. Loosli-Surrans, Agents)
Failure of a Member State to fulfil obligations — Failure to adopt within the prescribed period the provisions necessary to comply with Directive 2004/24/EC of the European Parliament and of the Council of 31 March 2004 amending, as regards traditional herbal medicinal products, Directive 2001/83/EC on the Community code relating to medicinal products for human use (OJ 2004 L 136, p. 85)
The Court:
1.Declares that, by failing to adopt, within the prescribed period, the laws, regulations and administrative provisions necessary to comply with Directive 2004/24/EC of the European Parliament and of the Council of 31 March 2004 amending, as regards traditional herbal medicinal products, Directive 2001/83/EC on the Community code relating to medicinal products for human use, the French Republic has failed to fulfil its obligations under Article 2 of that directive;
2.Orders the French Republic to pay the costs.
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(<span class="super">1</span>) OJ C 95 of 28.4.2007.