Judgment — ECLI:EU:C:2007:240
Date: 2007-04-19
Language of the case: French
Court formation: Eighth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Transport
Concepts: General
Procedure: Action for failure to fulfil obligations - successful
Origin: Luxembourg

Judgment of the Court (Eighth Chamber) of 19 April 2007 - Commission of the European Communities v Grand Duchy of Luxembourg (Case C-264/06) 1 (Failure of a Member State to fulfil obligations - Regulation (EC) No 261/2004 - Article 16(3) - Compensation and assistance to passengers - Measures necessary) Language of the case: French Parties Applicant: Commission of the European Communities (represented by: D. Maidani and R. Vidal Puig, acting as Agents) Defendant: Grand Duchy of Luxembourg (represented by: C. Schiltz) Re: Failure of a Member State to fulfil obligations - Failure to adopt the measures necessary to comply with Article 16(3) 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 delay of flights, and repealing Regulation (EEC) No 295/91 (OJ 2004 L 46, p. 1) - Adoption of effective, proportionate and dissuasive sanctions Operative part of the judgment The Court: 1. Declares that, by not laying down sanctions for infringements 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 delay of flights, and repealing Regulation (EEC) No 295/91, the Grand Duchy of Luxembourg has failed to fulfil its obligations under Article 16(3) of that regulation; 2. Orders the Grand Duchy of Luxembourg to pay the costs. ____________ 1 - OJ C 190, 12.08.2006.