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Document C2005/271/18

Judgment of the Court (Fourth Chamber) of 8 September 2005 in Case C-448/04: Commission of the European Communities v Grand Duchy of Luxembourg (Failure of a Member State to fulfil obligations — Mutual recognition of decisions on the expulsion of third country nationals — Failure to implement within the required time-limit)

OJ C 271, 29.10.2005, p. 10–10 (ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)

29.10.2005   

EN

Official Journal of the European Union

C 271/10


JUDGMENT OF THE COURT

(Fourth Chamber)

of 8 September 2005

in Case C-448/04: Commission of the European Communities v Grand Duchy of Luxembourg (1)

(Failure of a Member State to fulfil obligations - Mutual recognition of decisions on the expulsion of third country nationals - Failure to implement within the required time-limit)

(2005/C 271/18)

Language of the case: French

In Case C-448/04 Commission of the European Communities (Agents: C. O'Reilly and A.-M. Rouchard-Joët) v Grand Duchy of Luxembourg (Agent: S. Schreiner) — action under Article 226 EC for failure to comply with obligations, brought on 27 October 2004 — the Court (Fourth Chamber), composed of K. Lenaerts, President of the Chamber, J.N. Cunha Rodrigues and M. Ilešič (Rapporteur), Judges; M. Poiares Maduro, Advocate General; R. Grass, Registrar, gave a judgment on 8 September 2005, in which it:

1.

Declares that, by not adopting, within the prescribed period, all the laws, regulations and administrative provisions necessary to comply with Council Directive 2001/40/EC of 28 May 2001 on the mutual recognition of decisions on the expulsion of third country nationals, with the exception of Article 7 thereof, the Grand Duchy of Luxembourg has failed to fulfil its obligations under that directive;

2.

Dismisses the remainder of the action;

3.

Orders the Grand Duchy of Luxembourg to pay the costs.


(1)  OJ C 314 of 18.12.2004


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