CELEX: 62007CJ0057
Failure of a Member State to fulfil obligations
Directive 2003/86/EC
Right to family reunification
Non-transposition within the prescribed period

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.