Judgment — ECLI:EU:C:2008:182
Date: 2008-04-01
Language of the case: French
Court formation: Seventh 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 (Seventh Chamber) of 1 April 2008 – Commission v Luxembourg (Case C‑417/07) Failure of a Member State to fulfil obligations – Directive 2004/36/EC – Safety of third-country aircraft using Community airports – Failure to transpose within the prescribed period 1. Actions for failure to fulfil obligations – Right of the Commission to bring judicial proceedings – To be exercised at its discretion (Art. 226 EC) (see para. 7) 2. Acts of the institutions – Directives – Implementation by Member States –Need for clear and precise transposition (Art. 249 EC) (see para. 10) 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. 12) Re: Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, the measures necessary to comply with Directive 2004/36/EC of the European Parliament and of the Council of 21 April 2004 on the safety of third-country aircraft using Community airports (OJ 2004 L 143, p. 76). Operative part The Court: 1. Declares that by failing to adopt, within the prescribed period, the laws, regulations and administrative provisions necessary to comply with Directive 2004/36/EC of the European Parliament and of the Council of 21 April 2004 on the safety of third-country aircraft using Community airports, 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.