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 Kingdom of Sweden (Judgment of the Court (Sixth Chamber)) [2009] EUECJ C-322/08 (14 May 2009)
URL: http://www.bailii.org/eu/cases/EUECJ/2009/C32208.html
Cite as: [2009] EUECJ C-322/8, EU:C:2009:312, ECLI:EU:C:2009:312, [2009] EUECJ C-322/08

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Judgment of the Court (Sixth Chamber) of 14 May 2009 – Commission v Sweden

(Case C‑322/08)

Failure of a Member State to fulfil obligations – Directive 2004/83/EC – Failure to transpose within the prescribed period

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. 11)

Re:

Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, the provisions necessary to comply with Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted (OJ 2004 L 304, p. 12).

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 Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted, the Kingdom of Sweden has failed to fulfil its obligations under that directive;

2.

Orders the Kingdom of Sweden to pay the costs.

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