30.12.2006   

EN

Official Journal of the European Union

C 331/18


Judgment of the Court (Fifth Chamber) of 7 December 2006 — Commission of the European Communities v Grand Duchy of Luxembourg

(Case C-48/06) (1)

(Failure of a Member State to fulfil obligations - Directive 2002/90/EC - Facilitation of unauthorised entry, transit and residence - Failure to transpose within the period prescribed)

(2006/C 331/31)

Language of the case: French

Parties

Applicant: Commission of the European Communities (represented by: C. O'Reilly, acting as Agent)

Defendant: Grand Duchy of Luxembourg (represented by: S. Schreiner, acting as Agent)

Re:

Failure of a Member State to fulfil obligations — Failure to adopt, within the period prescribed, the provisions necessary to comply with Council Directive 2002/90/EC of 28 November 2002 defining the facilitation of unauthorised entry, transit and residence (OJ 2002 L 328, p. 17)

Operative part of the judgment

The Court:

1.

Declares that, by failing to adopt, within the period prescribed, the laws, regulations and administrative provisions necessary to comply with Council Directive 2002/90/EC of 28 November 2002 defining the facilitation of unauthorised entry, transit and residence, the Grand Duchy of Luxembourg has failed to fulfil its obligations under that directive;

2.

Orders the Grand Duchy of Luxembourg to pay the costs.


(1)  OJ C 60, 11.3.2006.