16.4.2005   

EN

Official Journal of the European Union

C 93/19


Action brought on 18 February 2005 by the Commission of the European Communities against the Italian Republic

(Case C-86/05)

(2005/C 93/34)

Language of the case: Italian

An action against the Italian Republic was brought before the Court of Justice of the European Communities on 18 February 2005 by the Commission of the European Communities, represented by B. Schima and D. Recchia, acting as Agents.

The applicant claims that the Court should:

declare that, by failing to adopt the provisions necessary to comply with Commission Directive 2003/32/EC (1) of 23 April 2003 introducing detailed specifications as regards the requirements laid down in Council Directive 93/42/EEC with respect to medical devices manufactured utilising tissues of animal origin or, in any event, by failing to communicate those provisions to the Commission, the Italian Republic has failed to fulfil its obligations under Article 8(1) of that directive;

order the Italian Republic to pay the costs.

Pleas in law and main arguments:

The period for transposition of the directive expired on 1 January 2004.


(1)  OJ L 105 of 26.04.2003, p. 18.