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Judgment of the Court (Fifth Chamber) of 29 November 2007. # Commission of the European Communities v French Republic. # 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. # Case C-67/07.

ECLI:EU:C:2007:739

62007CJ0067

November 29, 2007
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(Case C‑67/07)

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

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 of the provision 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

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;

The French Republic is ordered to pay the costs.

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