Judgment — ECLI:EU:C:2007:664
Date: 2007-11-08
Language of the case: French
Court formation: Eighth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Area of freedom, security and justice
Concepts: General
Procedure: Action for failure to fulfil obligations - successful;Action for failure to fulfil obligations - unfounded
Origin: Belgium

Judgment of the Court (Eighth Chamber) of 8 November 2007 – Commission v Belgium (Case C‑3/07) Failure of a Member State to fulfil obligations – Directive 2003/110/EC – Assistance in cases of transit – Removal by air – Failure to transpose within the period prescribed 1. Actions for failure to fulfil obligations – Subject-matter of the dispute – Directive not sufficiently transposed without legislative action (Art. 226 EC; Council Directive 2003/110, Art. 5(2) (see paras 6-7) 2. Acts of the institutions – Directives – Implemention by the Member States (Art. 249, third para., EC) (see para. 11) 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. 13) Re: Failure of a Member State to fulfil obligations – Failure to adopt, within the period prescribed, the measures necessary to comply with Council Directive 2003/110/EC of 25 November 2003 on assistance in cases of transit for the purposes of removal by air (OJ 2003 L 321, p. 26). Operative part 1. By failing to adopt, within the period prescribed, the laws, regulations and administrative provisions necessary to comply with Council Directive 2003/110/EC of 25 November 2003 on assistance in cases of transit for the purposes of removal by air, with the exception of Article 5(2) of that directive, the Kingdom of Belgium has failed to fulfil its obligations thereunder. 2. The action is dismissed in respect of the failure to transpose Article 5(2) of Directive 2003/110. 3. The Kingdom of Belgium is ordered to pay the costs.