CELEX: 62011CA0412
Language: en
Date: 2013-07-11 00:00:00
Title: Case C-412/11: Judgment of the Court (First Chamber) of 11 July 2013 — European Commission v Grand Duchy of Luxembourg (Failure of a Member State to fulfil obligations — Transport — Development of the Community’s railways — Directive 91/440/EEC — Article 6(3) and Annex II — Directive 2001/14/EC — Article 14(2) — Independence of the body to which the exercise of essential functions is entrusted)

31.8.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 252/7
            
         Judgment of the Court (First Chamber) of 11 July 2013 — European Commission v Grand Duchy of Luxembourg
   (Case C-412/11) (1)
   
   (Failure of a Member State to fulfil obligations - Transport - Development of the Community’s railways - Directive 91/440/EEC - Article 6(3) and Annex II - Directive 2001/14/EC - Article 14(2) - Independence of the body to which the exercise of essential functions is entrusted)
   2013/C 252/10
   Language of the case: French
   
      Parties
   
   
      Applicant: European Commission (represented by: J.-P. Keppenne and H. Støvlbæk, Agents)
   
      Defendant: Grand Duchy of Luxembourg (represented by: C. Schiltz, Agent)
   
      Re:
   
   Failure of a Member State to fulfil obligations — Failure to adopt, within the period prescribed, all the provisions necessary to comply with Article 6(3) of and Annex II to Council Directive 91/440/EEC on the development of the Community’s railways (OJ 1991 L 237, p. 25), as amended by Directive 2001/12/EC (OJ 2001 L 75, p. 1), and Article 14(2) of Directive 2001/14/EC of the European Parliament and of the Council of 26 February 2001 on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification (OJ 2001 L 75, p. 29) — Failure to ensure the independence of essential functions
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Dismisses the action;
            
         
               2.
            
            
               Orders the European Commission to pay the costs
            
         
      (1)  OJ C 298, 8.10.2011.