Judgment — ECLI:EU:C:2007:796
Date: 2007-12-13
Language of the case: French
Court formation: Sixth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Approximation of laws
Concepts: General
Procedure: Action for failure to fulfil obligations - successful
Origin: Luxembourg

Judgment of the Court (Sixth Chamber) of 13 December 2007 – Commission v Luxembourg Case C‑244/07 Failure of a Member State to fulfil obligations – Directive 2004/50/EC – Interoperability of the trans-European high-speed rail system and of the trans-European conventional rail system – Failure to transpose within the prescribed period 1. 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. 9) 2. Actions for failure to fulfil obligations – Objective nature (Art. 226 EC) (see para. 10) Re: Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, the provisions necessary to comply with Directive 2004/50/EC of the European Parliament and of the Council of 29 April 2004 amending Council Directive 96/48/EC on the interoperability of the trans-European high-speed rail system and Directive 2001/16/EC of the European Parliament and of the Council on the interoperability of the trans-European conventional rail system (OJ 2004 L 164, p. 114). 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 2004/50/EC of the European Parliament and of the Council of 29 April 2004 amending Council Directive 96/48/EC on the interoperability of the trans-European high-speed rail system and Directive 2001/16/EC of the European Parliament and of the Council on the interoperability of the trans-European conventional rail system, the Grand Duchy of Luxembourg has failed to comply with its obligations under that directive; 2. Orders the Grand Duchy of Luxembourg to pay the costs.