CELEX: 62007CJ0004
Language: en
Date: 2007-09-27 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 27 September 2007. # Commission of the European Communities v Portuguese Republic. # Failure of a Member State to fulfil obligations - Directive 2003/110/EC - Assistance in cases of transit for the purposes of removal by air - Failure to transpose within the prescribed period. # Case C-4/07.

Judgment of the Court (Sixth Chamber) of 27 September 2007 – Commission v Portugal
      (Case C‑4/07)
      Failure of a Member State to fulfil obligations – Directive 2003/110/EC – Assistance in cases of transit for the purposes of removal by air – 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)
      Re: 
      
         Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, the provisions necessary
                  to comply with Council Directive 2003/110/EC 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 prescribed period, the laws, regulations and administrative provisions necessary to comply
                     with Council Directive 2003/110/EC on assistance in cases of transit for the purposes of removal by air, the Portuguese Republic
                     has failed to fulfil its obligations under Article 10(1) of that directive;
                  
               
            
         
                   
               
               
                  
               
               
                  The Portuguese Republic is ordered to pay the costs.