Judgment of the Court (Seventh Chamber) of 27 September 2007 – Commission v Portugal

(Case C‑5/07)

Failure of a Member State to fulfil obligations – Directive 2003/109/EC – Third-country nationals who are long-term residents – Failure to transpose within the prescribed period

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. 9)

Re:

Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, the provisions necessary to comply with Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents (OJ 2004 L 16, p. 44).

Operative part

The Court:

By not having adopted, within the prescribed period, the laws, regulations and administrative provisions necessary to comply with Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents, the Portuguese Republic has failed to fulfil its obligations under that directive.

The Portuguese Republic is ordered to pay the costs.