1. 

Actions for failure to fulfil obligations—Examination of the merits by the Court—Situation to be taken into consideration—Situation on expiry of the period laid down in the reasoned opinion

(Art. 258 TFEU)

(see paras 30, 31)

2. 

Acts of the institutions—Directives—Implementation by Member States—Transposition of a directive into national law—Requirements of clarity and legal certainty

(Art. 288, third para., TFEU)

(see para. 32)

3. 

Member States—Obligations—Implementation of directives—Failure to fulfil obligations—National system pleaded as justification—Unlawful

(Art. 258 TFEU)

(see paras 35, 36)

1.

Declares that, in failing to ensure that, for the German ports of Düsseldorf, Köln-Niehl I, Godorf, Duisburg-Rheinhausen, Neuss, Duisburg Außen-/Parallelhafen, Krefeld-Linn, Stromhafen Krefeld, Duisburg Ruhrort-Meiderich, Gelsenkirchen and Mülheim, in the Land of North-Rhine-Westphalia (Germany), the boundaries of each port are defined, port security assessments and port security plans are carried out, and that port security officers are approved, the Federal Republic of Germany has failed to fulfil its obligations under Articles 2(3), 6, 7 and 9 of Directive 2005/65/EC of the European Parliament and of the Council of 26 October 2005 on enhancing port security;

2.

Orders the Federal Republic of Germany to pay the costs.