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Document 62007CJ0057

Judgment of the Court (Seventh Chamber) of 6 December 2007.
Commission of the European Communities v Grand Duchy of Luxemburg.
Failure of a Member State to fulfil obligations - Directive 2003/86/EC - Right to family reunification - Non-transposition within the prescribed period.
Case C-57/07.

European Court Reports 2007 I-00183*

ECLI identifier: ECLI:EU:C:2007:765





Judgment of the Court (Seventh Chamber) of 6 December 2007 – Commission v Luxembourg

(Case C‑57/07)

Failure of a Member State to fulfil obligations – Directive 2003/86/EC – Right to family reunification – Non-transposition within the prescribed period

1.                     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)

2.                     Acts of the institutions – Directives – Implementation by Member States (see para. 10)

Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, the measures necessary to comply with Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification (OJ 2003 L 251, p. 12).

Operative part

The Court:

 

Declares that by not adopting, within the prescribed period, the legislative, regulatory and administrative measures necessary to comply with Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification, the Grand Duchy of Luxembourg has failed to fulfil its obligations under that directive;

 

Orders the Grand Duchy of Luxembourg to pay the costs.

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