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Case C-29/14: Judgment of the Court (Third Chamber) of 11 June 2015 — European Commission v Republic of Poland (Failure of a Member State to fulfil obligations — Public health — Directive 2004/23/EC — Directive 2006/17/EC — Directive 2006/86/EC — Exclusion of reproductive cells, foetal tissues and embryonic tissues from the scope of national legislation transposing those directives)

ECLI:EU:UNKNOWN:62014CA0029

62014CA0029

June 11, 2015
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(Case C-29/14) (*1)

Language of the case: Polish

Parties

Applicant: European Commission (represented by: C. Gheorghiu and M. Owsiany-Hornung, Agents)

Defendant: Republic of Poland (represented by: B. Majczyna, Agent)

Operative part of the judgment

The Court:

1.Declares that the Republic of Poland has failed to fulfil its obligations under Article 31 of Directive 2004/23/EC of the European Parliament and of the Council of 31 March 2004 on setting standards of quality and safety for the donation, procurement, testing, processing, preservation, storage and distribution of human tissues and cells, under Articles 3(b), 4(2) and 7 of, and Annex III to, 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, and under Article 11 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, by excluding reproductive cells and foetal and embryonic tissue from the scope of the provisions of national law transposing those directives;

2.Orders the Republic of Poland to pay the costs.

*

(*1) OJ C 85, 22.3.2014.

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