CELEX: C2007/315/35
Language: en
Date: 2007-12-22 00:00:00
Title: Case C-3/07: 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)

22.12.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 315/21
            
         Judgment of the Court (Eighth Chamber) of 8 November 2007 — Commission of the European Communities v Kingdom of Belgium
   (Case C-3/07) (1)
   
   (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)
   (2007/C 315/35)
   Language of the case: French
   Parties
   
      Applicant: Commission of the European Communities (represented by: M. Condou-Durande and R. Troosters, Agents)
   
      Defendant: Kingdom of Belgium (represented by: S. Raskin, Agent)
   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 of the judgment
   The Court:
   
               1.
            
            
               Declares that, 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;
            
         
               2.
            
            
               Dismisses the action in respect of the failure to transpose Article 5(2) of Directive 2003/110;
            
         
               3.
            
            
               Orders the Kingdom of Belgium to pay the costs.
            
         
      (1)  OJ C 69, 24.3.2007.