CELEX: 62007CJ0417
Language: en
Date: 2008-04-01 00:00:00
Title: Judgment of the Court (Seventh Chamber) of 1 April 2008. # Commission of the European Communities v Grand Duchy of Luxemburg. # Failure of a Member State to fulfil its obligations - Directive 2004/36/EC. # Case C-417/07.

Judgment of the Court (Seventh Chamber) of 1 April 2008 – Commission v Luxembourg
      (Case C‑417/07)
      Failure of a Member State to fulfil obligations – Directive 2004/36/EC – Safety of third-country aircraft using Community airports – Failure to transpose within the prescribed period
      1.                     Actions for failure to fulfil obligations – Right of the Commission to bring judicial proceedings – To be exercised at its
            discretion (Art. 226 EC) (see para. 7)
      2.                     Acts of the institutions – Directives – Implementation by Member States –Need for clear and precise transposition (Art. 249
            EC) (see para. 10)
      3.                     Actions for failure to fulfil obligations – Examination of merits by the Court – Situation to be taken into consideration
            – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC) (see para. 12)
      Re: 
      
         
               Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, the measures necessary to
                  comply with Directive 2004/36/EC of the European Parliament and of the Council of 21 April 2004 on the safety of third-country
                  aircraft using Community airports (OJ 2004 L 143, p. 76).
               
            Operative part
      The Court: 
      
         
                  1.
               
               
                  
               
               
                  	Declares that by failing to adopt, within the prescribed period, the laws, regulations and administrative provisions necessary
                     to comply with Directive 2004/36/EC of the European Parliament and of the Council of 21 April 2004 on the safety of third-country
                     aircraft using Community airports, the Grand Duchy of Luxembourg has failed to fulfil its obligations under that directive;
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Orders the Grand Duchy of Luxembourg to pay the costs.