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21.11.2009 |
EN |
Official Journal of the European Union |
C 282/16 |
Judgment of the Court (Seventh Chamber) of 22 September 2009 — Commission of the European Communities v Kingdom of Belgium
(Case C-9/09) (1)
(Failure of a Member State to fulfil obligations - Public Health - Directive 2004/23/EC - Setting standards of quality and safety for the donation, procurement, testing, processing, preservation, storage and distribution of human tissues and cells - Failure to transpose within the prescribed period)
2009/C 282/30
Language of the case: French
Parties
Applicant: Commission of the European Communities (represented by: C. Cattabriga and J. Sénéchal, Agents)
Defendant: Kingdom of Belgium (represented by: D. Haven, Agent)
Re:
Failure of a Member State to fulfil obligations — Failure to adopt or to communicate, within the prescribed period, the measures necessary to comply with 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 (OJ 2004 L 102, p. 48)
Operative part of the judgment
The Court:
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1. |
Declares that, by not adopting, within the prescribed period, all the laws, regulations and administrative provisions necessary to comply with 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, the Kingdom of Belgium has failed to fulfil its obligations under that directive. |
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2. |
Orders the Kingdom of Belgium to pay the costs. |