26.1.2008   

EN

Official Journal of the European Union

C 22/15


Judgment of the Court (Fifth Chamber) of 29 November 2007 — Commission of the European Communities v French Republic

(Case C-67/07) (1)

(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

Parties

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)

Re:

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)

Operative part of the judgment

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.


(1)  OJ C 95 of 28.4.2007.