Judgment of the Court (Fourth Chamber) of 8 September 2005 in Case C-462/04: Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil obligations — Directive 2001/40/EC — Mutual recognition of decisions on the expulsion of third-country nationals — Failure to implement within the prescribed time-limit)
Date: 2005-10-29
Institutions: Court of Justice
Subjects: EU Member State, European Commission, Italy, action for failure to fulfil an obligation, cooperation policy, foreign national, public safety, residence permit

C 271/10

EN

Official Journal of the European Union

29.10.2005

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Fourth Chamber)

(Fourth Chamber)

of 8 September 2005

of 8 September 2005

in Case C-448/04: Commission of the European Commu-
nities v Grand Duchy of Luxembourg (1)

in Case C-462/04: Commission of the European Commu-
nities v Italian Republic (1)

(Failure of a Member State to fulfil obligations — Mutual
recognition of decisions on the expulsion of third country
nationals — Failure to implement within the required time-
limit)

(Failure of a Member State to fulfil obligations — Directive
2001/40/EC — Mutual recognition of decisions on the expul-
sion of third-country nationals — Failure to implement
within the prescribed time-limit)

(2005/C 271/18)

(2005/C 271/19)

(Language of the case: French)

(Language of the case: Italian)

In Case C-448/04 Commission of the European Communities
(Agents: C. O'Reilly and A.-M. Rouchard-Joët) v Grand Duchy
of Luxembourg (Agent: S. Schreiner) — action under Article
226 EC for failure to comply with obligations, brought on 27
October 2004 — the Court (Fourth Chamber), composed of K.
Lenaerts, President of the Chamber, J.N. Cunha Rodrigues and
M. Ilešič (Rapporteur),
Judges; M. Poiares Maduro, Advocate
General; R. Grass, Registrar, gave a judgment on 8 September
2005, in which it:

In Case C-462/04: Commission of the European Communities
(Agent: C. O'Reilly and E. de March) v Italian Republic (Agent:
I.M. Braguglia and A. Cingolo) — action for failure to fulfil
obligations under Article 226 EC, brought on 29 October
2004 — the Court (Fourth Chamber), composed of K. Lenaerts,
President of the Chamber, J.N. Cunha Rodrigues and M. Ilešič,
Judges; M. Poiares Maduro, Advocate General; R. Grass, Regis-
trar, gave a judgment on 8 September 2005, in which it:

1. Declares that, by not adopting, within the prescribed period, all
the laws, regulations and administrative provisions necessary to
comply with Council Directive 2001/40/EC of 28 May 2001 on
the mutual recognition of decisions on the expulsion of
third
country nationals, with the exception of Article 7 thereof, the
Grand Duchy of Luxembourg has failed to fulfil its obligations
under that directive;

1. Declares that, by failing within the prescribed time-limit to adopt
all the laws, regulations and administrative provisions necessary to
comply with Council Directive 2001/40/EC of 28 May 2001 on
the mutual recognition of decisions on the expulsion of third-
country nationals, with the exception of Article 7 thereof, the
Italian Republic has failed to fulfil its obligations under that direc-
tive;

2. Dismisses the remainder of the action;

2. Dismisses the remainder of the action;

3. Orders the Grand Duchy of Luxembourg to pay the costs.

3. Orders the Italian Republic to pay the costs.

(1) OJ C 314 of 18.12.2004

(1) OJ C 6 of 08.01.2005.