Judgment — ECLI:EU:C:2007:351
Date: 2007-06-14
Language of the case: Swedish
Court formation: Sixth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Transport
Concepts: General
Procedure: Action for failure to fulfil obligations - successful;Action for failure to fulfil obligations - unfounded
Origin: Sweden

Action brought on 28 July 2006 - Commission of the European Communities v Kingdom of Sweden (Case C-333/06) Language of the case: Swedish Parties Applicant: Commission of the European Communities (represented by: J.R. Vidal Puig and K. Simonsson, acting as Agent) Defendant: Kingdom of Sweden Form of order sought Declare that, by failing to lay down the sanctions for infringements of the provisions of Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delays of flights, and repealing Regulation (EEC) No 295/91, 1 the Kingdom of Sweden has failed to fulfil its obligations under Article 16 of the directive; order the Kingdom of Sweden to pay the costs. Pleas in law and main arguments Article 16(3) of Regulation No 261/2004 requires the Member States to lay down effective, proportionate and dissuasive sanctions for infringements of the provisions of the regulation. According to the information available to the Commission, the Kingdom of Sweden -- by failing to lay down sanctions for infringements of the provisions of Article 14 of the regulation and nearly one and a half years after its entry into force -- has not yet introduced a complete system of sanctions for infringements of the regulation. ____________ 1 - OJ L 46, 17.2.2004, p. 1.