Court of Justice of the European Communities (including Court of First Instance Decisions)

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You are here: BAILII >> Databases >> Court of Justice of the European Communities (including Court of First Instance Decisions) >> Commission of the European Communities v Grand Duchy of Luxemburg (Judgment of the Court (Seventh Chamber)) [2008] EUECJ C-95/08 (4 November 2008)
URL: http://www.bailii.org/eu/cases/EUECJ/2008/C9408.html
Cite as: EU:C:2008:598, [2008] EUECJ C-95/8, [2008] EUECJ C-95/08, ECLI:EU:C:2008:598

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Judgment of the Court (Seventh Chamber) of 4 November 2008 – Commission v Luxembourg

(Case C‑95/08)

Failure of a Member State to fulfil obligations – Directive 2004/9/EC – Failure to designate the authorities responsible for the inspection of laboratories and for the audit of studies carried out by laboratories to assess compliance with the principles of good laboratory practice

Actions for failure to fulfil obligations – Examination of the merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC) (see para. 24)

Re:

Failure of a Member State to fulfil obligations – Directive 2004/9/EC of the European Parliament and of the Council of 11 February 2004 on the inspection and verification of good laboratory practice (GLP) (OJ 2004 L 50, p. 28) – Failure to designate the authorities responsible for the inspection of laboratories and for the audit of studies carried out by laboratories to assess compliance with the principles of good laboratory practice.

Operative part

The Court:

1.

Declares that by not putting in place the authorities able to verify the implementation of the principles of good laboratory practice, the Grand Duchy of Luxembourg has failed to fulfil its obligations under Article 3 of Directive 2004/9/EC of the European Parliament and of the Council of 11 February 2004 on the inspection and verification of good laboratory practice (GLP);

2.

Orders the Grand Duchy of Luxembourg to pay the costs.

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