CELEX: C2007/096/29
Language: en
Date: 2007-04-28 00:00:00
Title: Case C-264/06: Judgment of the Court (Eighth Chamber) of 19 April 2007 — Commission of the European Communities v Grand Duchy of Luxembourg (Failure of a Member State to fulfil obligations — Regulation (EC) No 261/2004 — Article 16(3) — Compensation and assistance to passengers — Measures necessary)

28.4.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 96/17
            
         Judgment of the Court (Eighth Chamber) of 19 April 2007 — Commission of the European Communities v Grand Duchy of Luxembourg
   (Case C-264/06) (1)
   
   (Failure of a Member State to fulfil obligations - Regulation (EC) No 261/2004 - Article 16(3) - Compensation and assistance to passengers - Measures necessary)
   (2007/C 96/29)
   Language of the case: French
   Parties
   
      Applicant: Commission of the European Communities (represented by: D. Maidani and R. Vidal Puig, acting as Agents)
   
      Defendant: Grand Duchy of Luxembourg (represented by: C. Schiltz)
   Re:
   Failure of a Member State to fulfil obligations — Failure to adopt the measures necessary to comply with Article 16(3) of Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91 (OJ 2004 L 46, p. 1) — Adoption of effective, proportionate and dissuasive sanctions
   Operative part of the judgment
   The Court:
   
               1.
            
            
               Declares that, by not laying down sanctions for infringements of Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91, the Grand Duchy of Luxembourg has failed to fulfil its obligations under Article 16(3) of that regulation;
            
         
               2.
            
            
               Orders the Grand Duchy of Luxembourg to pay the costs.
            
         
      (1)  OJ C 190, 12.8.2006.