CELEX: 62004CJ0455
Language: en
Date: 2006-02-23 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 23 February 2006. # Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland. # Failure of a Member State to fulfil obligations - Directive 2001/55/EC - Asylum policy - Mass influx of displaced persons - Temporary protection - Minimum standards - Failure to transpose the directive within the prescribed period. # Case C-455/04.

Judgment of the Court (Sixth Chamber) of 23 February 2006 – Commission v United Kingdom 
      (Case C‑455/04)
      Failure of a Member State to fulfil obligations – Directive 2001/55/EC – Asylum policy – Mass influx of displaced persons – Temporary protection – Minimum standards – Failure to transpose the directive within the prescribed period
      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. 5)
      Re:
      
         
               Failure of a Member State to fulfil obligations – Failure to transpose within the prescribed period Council Directive 2001/55/EC
                  of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and
                  on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof
                  (OJ 2001 L 212, p. 12)
               
            Operative part:
      The Court:
      
         
                  1.
               
               
                  
               
               
                  Declares that, by failing to adopt within the prescribed period the laws, regulations and administrative provisions necessary
                     to transpose into domestic law Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection
                     in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in
                     receiving such persons and bearing the consequences thereof, the United Kingdom of Great Britain and Northern Ireland has
                     failed to fulfil its obligations under that directive;
                  
               
            
         
                  2.
               
               
                  
               
               
                  Orders the United Kingdom of Great Britain and Northern Ireland to pay the costs.