Judgment — ECLI:EU:C:2006:766
Date: 2006-12-07
Language of the case: French
Court formation: Fifth 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
Origin: Luxembourg

Judgment of the Court (Fifth Chamber) of 7 December 2006 - Commission of the European Communities v Grand Duchy of Luxembourg (Case C-48/06) 1 (Failure of a Member State to fulfil obligations - Directive 2002/90/EC - Facilitation of unauthorised entry, transit and residence - Failure to transpose within the period prescribed) Language of the case: French Parties Applicant: Commission of the European Communities (represented by: C. O'Reilly, acting as Agent) Defendant: Grand Duchy of Luxembourg (represented by: S. Schreiner, acting as Agent) Re: Failure of a Member State to fulfil obligations - Failure to adopt, within the period prescribed, the provisions necessary to comply with Council Directive 2002/90/EC of 28 November 2002 defining the facilitation of unauthorised entry, transit and residence (OJ 2002 L 328, p. 17) Operative part of the judgment The Court: 1. Declares that, by failing to adopt, within the period prescribed, the laws, regulations and administrative provisions necessary to comply with Council Directive 2002/90/EC of 28 November 2002 defining the facilitation of unauthorised entry, transit and residence, the Grand Duchy of Luxembourg has failed to fulfil its obligations under that directive; 2. Orders the Grand Duchy of Luxembourg to pay the costs. ____________ 1 - OJ C 60, 11.03.2006.