Case C-5/07: Judgment of the Court (Seventh Chamber) of 27 September 2007 — Commission of the European Communities v Portuguese Republic (Failure of a Member State to fulfil obligations — Directive 2003/109/EC — Third-country nationals who are long-term residents — Failure to transpose within the prescribed period)
Date: 2007-11-24
Institutions: Court of Justice
Subjects: European Commission, Portugal, action for failure to fulfil an obligation, admission of aliens, foreign national, national implementing measure, residence permit, rights of aliens

C 283/4

EN

Official Journal of the European Union

24.11.2007

Operative part of the judgment

1. By failing to adopt, within the prescribed period, the laws, regula-
tions and administrative provisions necessary to comply with
Council Directive 2003/110/EC on assistance in cases of transit
for the purposes of removal by air, the Portuguese Republic has
failed to fulfil its obligations under Article 10(1) of that directive;

Council Directive 2003/109/EC of 25 November 2003
concerning the status of third-country nationals who are long-term
residents, the Portuguese Republic has failed to fulfil its obligations
under that directive.

2. The Portuguese Republic is ordered to pay the costs.

2. The Portuguese Republic is ordered to pay the costs.

(1) OJ C 42, 24.2.2007.

(1) OJ C 42, 24.2.2007.

Judgment of the Court (Seventh Chamber) of 27 September
the European Communities v
2007 — Commission of

Portuguese Republic

(Case C-5/07) (1)

Judgment of the Court (Seventh Chamber) of 27 September
the European Communities v
2007 — Commission of

Kingdom of Belgium

(Case C-93/07) (1)

(Failure of a Member State to fulfil obligations — Directive
2003/109/EC — Third-country nationals who are long-term
residents — Failure to transpose within the prescribed period)

(Failure of a Member State to fulfil obligations — Directive
2003/35/EC — Environment — Public participation in
certain projects and programmes — Failure to transpose
within the prescribed period)

(2007/C 283/05)

Language of the case: Portuguese

(2007/C 283/06)

Language of the case: French

Parties

Applicant: Commission of the European Communities (repre-
sented by: M. Condou-Durande and P. Guerra e Andrade,
Agents)

Parties

Defendant: Portuguese Republic (represented by: L. Fernandes
and F. Fraústo de Azevedo, Agents)

Re:

Failure of a Member State to fulfil obligations — Failure to
adopt, within the prescribed period, the provisions necessary to
comply with Council Directive 2003/109/EC of 25 November
2003 concerning the status of third-country nationals who are
long-term residents (OJ 2004 L 16, p. 44)

Operative part of the judgment

1. By not having adopted, within the prescribed period, the laws, regu-
lations and administrative provisions necessary to comply with

Applicant: Commission of the European Communities (repre-
sented by: M. Konstantinidis and J.-B. Laignelot, Agents)

Defendant: Kingdom of Belgium (represented by: D. Haven,
Agent)

Re:

Failure of a Member State to fulfil obligations — Failure to
adopt, within the prescribed period, the provisions necessary to
comply with Directive 2003/35/EC of the European Parliament
and of the Council of 26 May 2003 providing for public partici-
the drawing up of certain plans and
pation in respect of
programmes relating to the environment and amending with
regard to public participation and access to justice Council
Directives 85/337/EC and 96/61/EC (OJ 2003 L 156, p. 17)