CELEX: 62007CJ0244
Language: en
Date: 2007-12-13 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 13 December 2007. # Commission of the European Communities v Grand Duchy of Luxemburg. # Failure of a Member State to fulfil obligations - Directive 2004/50/EC - Interoperability of the trans-European high-speed rail system and of the trans-European conventional rail system - Failure to transpose within the prescribed period. # Case C-244/07.

Judgment of the Court (Sixth Chamber) of 13 December 2007 – Commission v Luxembourg
      Case C‑244/07
      Failure of a Member State to fulfil obligations – Directive 2004/50/EC – Interoperability of the trans-European high-speed rail system and of the trans-European conventional rail system – 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. 9)
      2.                     Actions for failure to fulfil obligations – Objective nature (Art. 226 EC) (see para. 10)
      Re: 
      
         Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, the provisions necessary
                  to comply with Directive 2004/50/EC of the European Parliament and of the Council of 29 April 2004 amending Council Directive
                  96/48/EC on the interoperability of the trans-European high-speed rail system and Directive 2001/16/EC of the European Parliament
                  and of the Council on the interoperability of the trans-European conventional rail system (OJ 2004 L 164, p. 114).
               
            Operative part
      The Court: 
      
         
                   
               
               
                  
               
               
                  Declares that, by failing to adopt, within the prescribed period, the laws, regulations and administrative provisions necessary
                     to comply with Directive 2004/50/EC of the European Parliament and of the Council of 29 April 2004 amending Council Directive
                     96/48/EC on the interoperability of the trans-European high-speed rail system and Directive 2001/16/EC of the European Parliament
                     and of the Council on the interoperability of the trans-European conventional rail system, the Grand Duchy of Luxembourg has
                     failed to comply with its obligations under that directive;
                  
               
            
         
                   
               
               
                  
               
               
                  Orders the Grand Duchy of Luxembourg to pay the costs.