21.3.2009   

EN

Official Journal of the European Union

C 69/25


Action brought on 9 January 2009 — Commission of the European Communities v Kingdom of Belgium

(Case C-8/09)

(2009/C 69/45)

Language of the case: French

Parties

Applicant: Commission of the European Communities (represented by: C. Cattabriga and J. Sénéchal, Agents)

Defendant: Kingdom of Belgium

Form of order sought

declare that, by not adopting all the laws, regulations and administrative provisions necessary to comply with 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 (1) or, in any case, by not communicating them to the Commission, the Kingdom of Belgium has failed to fulfil its obligations under that directive;

order the Kingdom of Belgium to pay the costs.

Pleas in law and main arguments

The deadline for transposition of Directive 2006/17/EC expired on 1 November 2006. When this action was brought, the defendant had not yet adopted all the measures necessary to transpose the directive or, in any case, had not communicated them to the Commission.


(1)  OJ 2006 L 38, p. 40.