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Document 62007CJ0417
Judgment of the Court (Seventh Chamber) of 1 April 2008. # Commission of the European Communities v Grand Duchy of Luxemburg. # Failure of a Member State to fulfil its obligations - Directive 2004/36/EC. # Case C-417/07.
Judgment of the Court (Seventh Chamber) of 1 April 2008.
Commission of the European Communities v Grand Duchy of Luxemburg.
Failure of a Member State to fulfil its obligations - Directive 2004/36/EC.
Case C-417/07.
Judgment of the Court (Seventh Chamber) of 1 April 2008.
Commission of the European Communities v Grand Duchy of Luxemburg.
Failure of a Member State to fulfil its obligations - Directive 2004/36/EC.
Case C-417/07.
Thuarascálacha na Cúirte Eorpaí 2008 I-00051*
ECLI identifier: ECLI:EU:C:2008:182
Judgment of the Court (Seventh Chamber) of 1 April 2008 – Commission v Luxembourg
(Case C‑417/07)
Failure of a Member State to fulfil obligations – Directive 2004/36/EC – Safety of third-country aircraft using Community airports – Failure to transpose within the prescribed period
1. Actions for failure to fulfil obligations – Right of the Commission to bring judicial proceedings – To be exercised at its discretion (Art. 226 EC) (see para. 7)
2. Acts of the institutions – Directives – Implementation by Member States –Need for clear and precise transposition (Art. 249 EC) (see para. 10)
3. 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. 12)
Re:
Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, the measures necessary to comply with Directive 2004/36/EC of the European Parliament and of the Council of 21 April 2004 on the safety of third-country aircraft using Community airports (OJ 2004 L 143, p. 76). |
Operative part
The Court:
1. |
Declares that by failing to adopt, within the prescribed period, the laws, regulations and administrative provisions necessary to comply with Directive 2004/36/EC of the European Parliament and of the Council of 21 April 2004 on the safety of third-country aircraft using Community airports, 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. |