Case C-244/07: Judgment of the Court (Sixth Chamber) of 13 December 2007 — Commission of the European Communities v Grand Duchy of Luxembourg (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)
Date: 2007-12-13
Institutions: Court of Justice
Subjects: European Commission, Luxembourg, action for failure to fulfil an obligation, high-speed transport, national implementing measure, rail network, technical standard, trans-European network

C 51/26

EN

Official Journal of the European Union

23.2.2008

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

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

Grand Duchy of Luxembourg

Kingdom of Sweden

(Case C-244/07) (1)

(Case C-257/07) (1)

(Failure of a Member State to fulfil obligations — Directive
trans-European
2004/50/EC — Interoperability
high-speed rail system and of the trans-European conventional
rail system — Failure to transpose within the prescribed
period)

the

of

(2008/C 51/42)

Language of the case: French

(Failure of a Member State to fulfil its obligations — Directive
2004/17/EC — Coordination of the procurement procedures
of entities operating in the water, energy, transport and postal
services sectors — Failure to transpose within the period
prescribed)

(2008/C 51/43)

Language of the case: Swedish

Parties

Applicant: Commission of the European Communities (repre-
sented by: N. Yerrell and P. Dejmek, acting as Agents)

Parties

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

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 Direc-
the trans-European
tive 96/48/EC on the interoperability of
high-speed rail
the
European Parliament and of the Council on the interoperability
of the trans-European conventional rail system (OJ 2004 L 164,
p. 114)

system and Directive 2001/16/EC of

Applicant: Commission of the European Communities (repre-
sented by: D. Kukovec and K. Nyberg, Agents)

Defendant: Kingdom of Sweden (represented by: A. Falk, Agent)

Re:

Failure of a Member State to fulfil its obligations — Failure to
adopt, within the period prescribed, the measures necessary to
comply with Directive 2004/17/EC of the European Parliament
and of the Council of 31 March 2004 coordinating the procure-
ment procedures of entities operating in the water, energy, trans-
port and postal services sectors (OJ 2004 L 134, p. 1)

Operative part of the judgment

The Court:

Operative part of the judgment

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;

1. Declares that, by failing to adopt, within the prescribed period, the
laws, regulations and administrative provisions necessary to comply
with Directive 2004/17/EC of the European Parliament and of the
Council of 31 March 2004 coordinating the procurement proce-
dures of entities operating in the water, energy, transport and postal
services sectors, the Kingdom of Sweden has failed to fulfil its obli-
gations under that directive;

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

2. Orders the Kingdom of Sweden to pay the costs.

(1) OJ C 155, 7.7.2007.

(1) OJ C 183, 4.8.2007.