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C 297/18 EN Official Journal of the European Union 8.12.

2007

Judgment of the Court (Seventh Chamber) of 27 September Judgment of the Court (Eighth Chamber) of 27 September
2007 — Commission of the European Communities v 2007 — Commission of the European Communities v
French Republic Portuguese Republic

(Case C-9/07) (1) (Case C-35/07) (1)

(Failure of a Member State to fulfil obligations — Directive (Failure of Member State to fulfil obligations — Directive
2002/74/EC — Protection of employees in the event of the 2004/28/EC — Veterinary medicinal products — Non-trans-
insolvency of their employer — Failure to transpose within the position within the prescribed period)
prescribed period)

(2007/C 297/28) (2007/C 297/29)

Language of the case: French Language of the case: Portuguese

Parties
Parties

Applicant: Commission of the European Communities (repre-


sented by: J. Enegren and G. Rozet, acting as Agents) Applicant: Commission of the European Communities (repre-
sented by: A. Caeiros and B. Stromsky, agents)

Defendant: French Republic (represented by: G. de Bergues and


O. Christmann, acting as Agents) Defendant: Portuguese Republic. (represented by: L. Fernandes
and F. Fraústo de Azevedo, agents)

Re:
Re:
Failure of a Member State to fulfil obligations — Failure to
adopt within the prescribed period the provisions necessary to
comply with Directive 2002/74/EC of the European Parliament Failure of Member State to fulfil obligations — Failure to take
and of the Council of 23 September 2002 amending Council within the prescribed period all the measures necessary to
Directive 80/987/EEC on the approximation of the laws of the comply with Directive 2004/28/EC of the European Parliament
Member States relating to the protection of employees in the and of the Council of 31 March 2004 amending Directive
event of the insolvency of their employer (OJ 2002 L 270, 2001/82/EC on the Community code relating to veterinary
p. 10) medicinal products (OJ 2004 L 136, p. 58)

Operative part of the judgment Operative part of the judgment

The Court: The Court:

1. Declares that, by failing to adopt the laws, regulations and


administrative provisions necessary to comply with Directive 1. Declares that by not having adopted the legislative, regulatory and
2002/74/EC of the European Parliament and of the Council of administrative measures necessary to comply with Directive
23 September 2002 amending Council Directive 80/987/EEC on 2004/28/EC of the European Parliament and of the Council of
the approximation of the laws of the Member States relating to the 31 March 2004 amending Directive 2001/82/EC on the Com-
munity code relating to veterinary medicinal products, the
protection of employees in the event of the insolvency of their
Portuguese Republic has failed to fulfil its obligations under that
employer, the French Republic has failed to fulfil its obligations
under that directive. directive;

2. Orders the French Republic to pay the costs. 2. Orders the Portuguese Republic to pay the costs.

(1) OJ C 69 of 24.3.2007. (1) OJ C 56 of 10.3.2007.