Judgment of the Court (Fifth Chamber) of 19 April 2007 – Commission v Greece

(Case C‑72/06)

Failure of a Member State to fulfil obligations – Directive 2003/9/EC – Asylum policy – Asylum seekers – Reception – Minimum standards – 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. 7)

Re:

Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, the provisions necessary to comply with Council Directive 2003/9/EC of 27 January 2003 laying down minimum standards for the reception of asylum seekers (OJ 2003 L 31, p. 18).

Operative part

The Court:

Declares that, by failing to adopt, within the prescribed period, the laws, regulations and administrative provisions necessary to comply with Council Directive 2003/9/EC of 27 January 2003 laying down minimum standards for the reception of asylum seekers, the Hellenic Republic has failed to fulfil its obligations under Article 26 of that directive;

Orders the Hellenic Republic to pay the costs.