Judgment — ECLI:EU:C:2011:227
Date: 2011-04-07
Language of the case: English
Court formation: Seventh Chamber
Subject matter: Asylum policy;Area of freedom, security and justice
Procedure: Action for failure to fulfil obligations - successful
Origin: Ireland

Judgment of the Court (Seventh Chamber) of 7 April 2011 - European Commission v Ireland (Case C-431/10) 1 (Failure of a Member State to fulfil obligations - Directive 2005/85/EC - Right of asylum - Procedure for granting and withdrawing refugee status - Minimum standards - Failure to transpose provisions fully within the prescribed period) Language of the case: English Parties Applicant: European Commission (represented by: M. Condou Durande and A.-A. Gilly, Agents) Defendant: Ireland (represented by: D. O'Hagan, Agent) Re: Failure of a Member State to fulfil obligations - Failure to adopt within the prescribed period the provisions necessary to comply with Council Directive 2005/85/EC of 1 December 2005 on minimum standards on procedures in Member States for granting and withdrawing refugee status (OJ 2005 L 326, p. 13) Operative part of the judgment The Court: 1. Declares that, by failing to adopt within the prescribed period the laws, regulations and administrative provisions necessary to comply with Council Directive 2005/85/EC of 1 December 2005 on minimum standards on procedures in Member States for granting and withdrawing refugee status, Ireland has failed to fulfil its obligations under Article 43 of that directive; 2. Orders Ireland to pay the costs. ____________ 1 - OJ C 301, 6.11.2010.