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Judgment of the Court (Eighth Chamber) of 25 October 2007. # Commission of the European Communities v Czech Republic. # Failure of a Member State to fulfil obligations - Community code relating to medicinal products for human use - Directive 2004/24/EC - Traditional herbal medicinal products - Failure to transpose within the prescribed period. # Case C-114/07.
ECLI:EU:C:2007:645
62007CJ0114
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Judgment of the Court (Eight Chamber) of 25 October 2007 – Commission v Czech Republic
(Case C‑114/07)
Failure of a Member State to fulfil obligations – Community code relating to medicinal products for human use – Directive 2004/24/EC – Traditional herbal medicinal products – 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. 7)
Re:
Failure of a Member State to fulfil obligations – Failure 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 (OJ 2004 L 136, p. 85).
Operative part
The Court:
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 Czech Republic has failed to fulfil its obligations under that directive;
Orders the Czech Republic to pay the costs.