CELEX: 62007CJ0034
Language: en
Date: 2007-11-29
Title: Judgment of the Court (Seventh Chamber) of 29 November 2007. # Commission of the European Communities v Grand Duchy of Luxemburg. # 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. # Case C-34/07.

Judgment of the Court (Seventh Chamber) of 29 November 2007 –Commission v Luxembourg
      (Case C‑34/07)
      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
      1.                     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)
      2.                     Member States – Obligations – Implementation of directives – Failure to fulfil obligations – National system pleaded as justification
            – Not permissible (Art. 226 EC) (see para. 13)
      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
      
         The Court: 
            
         
                   
               
               
                  
               
               
                  Declares that, by failing to adopt, within the prescribed period, the laws, regulations and administrative 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, the Grand Duchy of Luxembourg has failed to fulfil its obligations under that directive;
                  
               
            
         
                   
               
               
                  
               
               
                  Orders the Grand Duchy of Luxembourg to pay the costs.