Case C-449/04: Action brought on 27 October 2004 by Commission of the European Communities against Grand Duchy of Luxembourg
Date: 2004-12-18
Institutions: Court of Justice
Subjects: European Commission, Luxembourg, Schengen Agreement, action for failure to fulfil an obligation, carriage of passengers, carrier, foreign national, return migration, rights of aliens

18.12.2004

EN

Official Journal of the European Union

C 314/7

Action brought on 27 October 2004 by Commission of
the European Communities against Grand Duchy of
Luxembourg

The Commission of the European Communities claims that the
Court should:

(Case C-449/04)

(2004/C 314/12)

An action was brought before the Court of Justice of the Euro-
pean Communities on 27 October 2004 by Commission of the
European Communities, represented by C. O'Reilly and A.-M.
Rouchaud-Joët, acting as Agents, with an address for service in
Luxembourg.

1. declare that, by failing to adopt the laws, regulations and
administrative provisions which are necessary in order to
comply with Council Directive 2001/40/EC of 28 May
2001 on the mutual recognition of decisions on the expul-
sion of third country nationals (1) or, in any event, by failing
to inform the Commission of them, the French Republic has
failed to fulfil its obligations under that directive;

2. order the French Republic to pay the costs.

Pleas in law and main arguments

The Commission of the European Communities claims that the
Court should:

The period for transposing the directive into national
expired on 2 December 2002.

law

1. Declare that, by not adopting the laws, regulations and
administrative provisions needed to comply with Council
Directive 2001/51/EC of 28 June 2001 supplementing the
provisions of Article 26 of the Convention implementing
the Schengen Agreement of 14 June 1985, (1) the Grand
Duchy of Luxembourg has failed to fulfil
its obligations
under that directive;

2. Order the Grand Duchy of Luxembourg to pay the costs.

Pleas and main arguments

The period set for transposition of the directive into internal
law expired on 11 February 2003.

(1) OJ L 187 of 10.7.2001.

(1) OJ L 149 of 2.6.2001, p. 34.

Action brought on 27 October 2004 by the Commission
of the European Communities against the French Republic

(Case C-451/04)

(2004/C 314/14)

An action against the French Republic was brought before the
Court of Justice of the European Communities on 27 October
2004 by the Commission of the European Communities, repre-
sented by C. O'Reilly and A.-M. Rouchaud-Joët, acting as
Agents, with an address for service in Luxembourg.

Action brought on 27 October 2004 by the Commission
of the European Communities against the French Republic

The Commission of the European Communities claims that the
Court should:

(Case C-450/04)

(2004/C 314/13)

An action against the French Republic was brought before the
Court of Justice of the European Communities on 27 October
2004 by the Commission of the European Communities, repre-
sented by C. O'Reilly and A.-M. Rouchaud-Joët, acting as
Agents, with an address for service in Luxembourg.

1. declare that, by failing to adopt the laws, regulations and
administrative provisions which are necessary in order to
comply with Council Directive 2001/55/EC of 20 July 2001
on minimum standards for giving temporary protection in
the event of a mass influx of displaced persons and on
measures promoting a balance of efforts between Member
States in receiving such persons and bearing the conse-
quences thereof (1) or, in any event, by failing to inform the
Commission of them, the French Republic has failed to fulfil
its obligations under that directive;

2. order the French Republic to pay the costs.