Case C-294/07: Judgment of the Court (Seventh Chamber) of 13 December 2007 — Commission of the European Communities v Grand Duchy of Luxembourg (Failure of a Member State to fulfil obligations — Right of citizens of the Union and their family members to move and reside freely within the territory of the Member States — Failure to transpose into national law within the prescribed period)
Date: 2007-12-13
Institutions: Court of Justice
Subjects: EU visa policy, European Commission, European citizenship, Luxembourg, action for failure to fulfil an obligation, foreign national, freedom of movement, residence permit

23.2.2008

EN

Official Journal of the European Union

C 51/27

Judgment of the Court (Seventh Chamber) of 18 December
the European Communities v
2007 — Commission of

Judgment of the Court (Seventh Chamber) of 13 December
the European Communities v
2007 — Commission of

Portuguese Republic

Grand Duchy of Luxembourg

(Case C-284/07) (1)

(Case C-294/07) (1)

(Failure of a Member State to fulfil obligations — Directive
2005/51/EC — Public procurement — Procedures for the
to transpose within the
award of

contracts — Failure

prescribed period)

(2008/C 51/44)

Language of the case: Portuguese

Parties

Applicant: Commission of the European Communities (repre-
sented by: A. Caeiros, D. Kukovec and P. Andrade, Agents)

(Failure of a Member State to fulfil obligations — Right of
citizens of the Union and their family members to move and
reside freely within the territory of the Member States —
Failure to transpose into national law within the prescribed
period)

(2008/C 51/45)

Language of the case: French

Parties

Applicant: Commission of the European Communities (repre-
sented by: D. Maidani, acting as Agent)

Defendant: Grand Duchy of Luxembourg (represented by: C.
Schiltz, acting as Agent)

Defendant: Portuguese Republic (represented by: M.L. Fernandes,
Agent)

Re:

Re:

Failure of a Member State to fulfil obligations — Failure to
adopt, within the period prescribed, the measures necessary to
comply with Commission Directive 2005/51/EC of 7 September
2005 amending Annex XX to Directive 2004/17/EC and
Annex VIII to Directive 2004/18/EC of the European Parliament
and of the Council on public procurement (OJ 2005 L 257,
p. 127)

Failure of a Member State to fulfil obligations — Failure to
adopt, within the prescribed period, the measures necessary to
comply with Directive 2004/38/EC of the European Parliament
and of the Council of 29 April 2004 on the right of citizens of
the Union and their family members to move and reside freely
within the territory of the Member States amending Regulation
(EEC) No 1612/68 and repealing Directives 64/221/EEC,
68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC,
90/364/EEC, 90/365/EEC and 93/96/EEC (OJ 2004 L 158,
p. 77 and corrigenda — OJ 2004 L 229, p. 35 and OJ 2005
L 197, p. 34)

Operative part of the judgment

The Court:

1. Declares that, by failing to adopt the laws, regulations and admin-
istrative provisions necessary to comply with Commission Directive
2005/51/EC of 7 September 2005 amending Annex XX to
Directive 2004/17/EC and Annex VIII to Directive 2004/18/EC
of the European Parliament and of the Council on public procure-
ment, the Portuguese Republic has failed to fulfil
its obligations
under that directive;

Operative part of the judgment

The Court:

1. Declares that, by failing to adopt the laws, regulations and admin-
istrative provisions necessary to comply with Directive 2004/38/EC
of the European Parliament and of the Council of 29 April 2004
on the right of citizens of the Union and their family members to
move and reside freely within the territory of the Member States
amending Regulation (EEC) No 1612/68 and repealing Directives
64/221/EEC,
73/148/EEC,
75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and
93/96/EEC, the Grand Duchy of Luxembourg has failed to fulfil
its obligations under that directive;

68/360/EEC,

72/194/EEC,

2. Orders the Portuguese to pay the costs.

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

(1) OJ C 183, 4.8.2007.

(1) OJ C 211, 8.9.2007.