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-417/07 (1 April 2008)
URL: http://www.bailii.org/eu/cases/EUECJ/2008/C39507.html
Cite as: [2008] EUECJ C-417/07, EU:C:2008:182, [2008] EUECJ C-417/7, ECLI:EU:C:2008:182

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Judgment of the Court (Seventh Chamber) of 1 April 2008 – Commission v Luxembourg

(Case C‑417/07)

Failure of a Member State to fulfil obligations – Directive 2004/36/EC – Safety of third-country aircraft using Community airports – Failure to transpose within the prescribed period

1.                     Actions for failure to fulfil obligations – Right of the Commission to bring judicial proceedings – To be exercised at its discretion (Art. 226 EC) (see para. 7)

2.                     Acts of the institutions – Directives – Implementation by Member States –Need for clear and precise transposition (Art. 249 EC) (see para. 10)

3.                     Actions for failure to fulfil obligations – Examination of 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. 12)

Re:

Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, the measures necessary to comply with Directive 2004/36/EC of the European Parliament and of the Council of 21 April 2004 on the safety of third-country aircraft using Community airports (OJ 2004 L 143, p. 76).

Operative part

The Court:

1.

Declares that by failing to adopt, within the prescribed period, the laws, regulations and administrative provisions necessary to comply with Directive 2004/36/EC of the European Parliament and of the Council of 21 April 2004 on the safety of third-country aircraft using Community airports, the Grand Duchy of Luxembourg has failed to fulfil its obligations under that directive;

2.

Orders the Grand Duchy of Luxembourg to pay the costs.

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