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

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URL: http://www.bailii.org/eu/cases/EUECJ/2006/C45504.html
Cite as: [2006] EUECJ C-455/04, [2006] ECR I-32, [2006] EUECJ C-455/4

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JUDGMENT OF THE COURT (Sixth Chamber) 23 February 2006 (*)

(Failure of a Member State to fulfil obligations -" Directive 2001/55/EC -" Asylum policy -" Mass influx of displaced persons -" Temporary protection -" Minimum standards -" Failure to transpose the directive within the prescribed period)

In Case C-455/04,

ACTION under Article 226 EC for failure to fulfil its obligations, brought on 28 October 2004,

Commission of the European Communities, represented by C. O'Reilly, acting as Agent, with an address for service in Luxembourg,

applicant,

United Kingdom of Great Britain and Northern Ireland, represented by C. White, acting as Agent, with an address for service in Luxembourg,

defendant,

THE COURT (Sixth Chamber),

composed of J. Malenovský, President of the Chamber, J.-P. Puissochet and A. Borg Barthet (Rapporteur), Judges,

Advocate General: D. Ruiz-Jarabo Colomer,

Registrar: R. Grass,

having regard to the written procedure,

having decided, after hearing the Advocate General, to proceed to judgment without an Opinion,

gives the following

Judgment

By its application, the Commission of the European Communities claims that the Court should find that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof (OJ 2001 L 212, p. 12), or in any event by failing to notify those provisions to it, the United Kingdom of Great Britain and Northern Ireland has failed to fulfil its obligations under that directive.

Article 32(1) of Directive 2001/55 provides that the Member States are to bring into force the laws, regulations and administrative provisions necessary to comply with that directive at the latest by 31 December 2002 and that they are forthwith to inform the Commission thereof.

Since Directive 2001/55 had not been transposed into domestic law within the prescribed period, the Commission initiated Treaty-infringement proceedings. After giving the United Kingdom formal notice to submit its observations, on 17 October 2003 the Commission issued a reasoned opinion calling on the United Kingdom to take the measures necessary to comply with that opinion within a period of two months following receipt thereof. Taking the view that the information subsequently provided by the United Kingdom was not such as to infer that the measures necessary to transpose Directive 2001/55 had been taken, the Commission decided to bring the present proceedings.

The United Kingdom accepts that the Commission's action is well founded. It states, however, that steps are being taken in order to remedy the situation complained of.

Findings of the Court

In this case, it is common ground that Directive 2001/55 had not been transposed into domestic law by the end of the period laid down in the reasoned opinion.

In those circumstances, the action brought by the Commission must be considered well founded.

Accordingly, it must be held that, by failing to adopt within the prescribed period the laws, regulations and administrative provisions necessary to transpose into domestic law Directive 2001/55, the United Kingdom has failed to fulfil its obligations under that directive.

Costs

Under Article 69(2) of the Rules of Procedure, the unsuccessful party is to be ordered to pay the costs if they have been applied for in the successful party's pleadings. Since the Commission has asked for costs and the United Kingdom has failed in its submissions, it must be ordered to pay the costs.

On those grounds, the Court (Sixth Chamber) hereby:

1. Declares that, by failing to adopt within the prescribed period the laws, regulations and administrative provisions necessary to transpose into domestic law Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof, the United Kingdom of Great Britain and Northern Ireland has failed to fulfil its obligations under that directive;

2. Orders the United Kingdom of Great Britain and Northern Ireland to pay the costs.

[Signatures]

* Language of the case: English.