Official Journal of the European Union

C 55/20

Action brought on 9 January 2009 — Commission of the European Communities v Portuguese Republic

(Case C-10/09)

(2009/C 55/33)

Language of the case: Portuguese


Applicant: Commission of the European Communities (represented by C. Cattabriga and M. Teles Romão, Agents)

Defendant: Portuguese Republic

Form of order sought

a declaration that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Commission Directive 2006/86/EC (1) of 24 October 2006 implementing Directive 2004/23/EC of the European Parliament and of the Council as regards traceability requirements, notification of serious adverse reactions and events and certain technical requirements for the coding, processing, preservation, storage and distribution of human tissues and cells or, at any event, by failing to communicate those measures to the Commission, the Portuguese Republic has failed to fulfil its obligations under that directive;

an order that the Portuguese Republic should pay the costs.

Pleas in law and main arguments

The period prescribed for transposing the directive into domestic law expired on 1 September 2007.

(1)  OJ 2006 L 294, p. 32.