8.9.2007   

EN

Official Journal of the European Union

C 211/10


Judgment of the Court (Sixth Chamber) of 18 July 2007 — Commission of the European Communities v Kingdom of Spain

(Case C-50/07) (1)

(Failure of a Member State to fulfil obligations - Directive 2004/24/EC - Pharmaceutical specialities - Traditional herbal medicinal products - Community code - Medicinal products for human use - Failure to transpose within the period prescribed)

(2007/C 211/18)

Language of the case: Spanish

Parties

Applicant: Commission of the European Communities (represented by: B. Stromsky and S. Pardo Quintillán, acting as Agents)

Defendant: Kingdom of Spain (represented by: F. Díez Moreno, Agent)

Re:

Failure of a Member State to fulfil its obligations — Failure to adopt within the period prescribed 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 period prescribed, 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 Kingdom of Spain has failed to fulfil its obligations under that directive;

2.

Orders the Kingdom of Spain to pay the costs.


(1)  OJ C 69, 24.3.2007.