CELEX: 62007CJ0003
Language: en
Date: 2007-11-08 00:00:00
Title: Judgment of the Court (Eighth Chamber) of 8 November 2007. # Commission of the European Communities v Kingdom of Belgium. # Failure of a Member State to fulfil obligations - Directive 2003/110/EC - Assistance in cases of transit - Removal by air - Failure to transpose within the period prescribed. # Case C-3/07.

Judgment of the Court (Eighth Chamber) of 8 November 2007 – Commission v Belgium
      (Case C‑3/07)
      Failure of a Member State to fulfil obligations – Directive 2003/110/EC – Assistance in cases of transit – Removal by air – Failure to transpose within the period prescribed
      1.                     Actions for failure to fulfil obligations – Subject-matter of the dispute – Directive not sufficiently transposed without
            legislative action (Art. 226 EC; Council Directive 2003/110, Art. 5(2) (see paras 6-7)
      2.                     Acts of the institutions – Directives – Implemention by the Member States (Art. 249, third para., EC) (see para. 11)
      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. 13)
      Re: 
      
         Failure of a Member State to fulfil obligations – Failure to adopt, within the period prescribed, the measures necessary to
                  comply with Council Directive 2003/110/EC of 25 November 2003 on assistance in cases of transit for the purposes of removal
                  by air (OJ 2003 L 321, p. 26).
               
            Operative part 
      
         
                   
               
               
                  
               
               
                  By failing to adopt, within the period prescribed, the laws, regulations and administrative provisions necessary to comply
                     with Council Directive 2003/110/EC of 25 November 2003 on assistance in cases of transit for the purposes of removal by air,
                     with the exception of Article 5(2) of that directive, the Kingdom of Belgium has failed to fulfil its obligations thereunder.
                  
               
            
         
                   
               
               
                  
               
               
                  The action is dismissed in respect of the failure to transpose Article 5(2) of Directive 2003/110.
               
            
         
                   
               
               
                  
               
               
                  The Kingdom of Belgium is ordered to pay the costs.