CELEX: C2006/190/20
Language: en
Date: 2006-08-12 00:00:00
Title: Case C-264/06: Action brought on 16 June 2006 — Commission of the European Communities v Grand Duchy of Luxembourg

12.8.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 190/12
            
         Action brought on 16 June 2006 — Commission of the European Communities v Grand Duchy of Luxembourg
   (Case C-264/06)
   (2006/C 190/20)
   Language of the case: French
   Parties
   
      Applicant: Commission of the European Communities (represented by: D. Maidani and R. Vidal Puig, Agents)
   
      Defendant: Grand Duchy of Luxembourg
   Form of order sought
   The Commission claims that the Court should:
   
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               declare 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 (1), the Grand Duchy of Luxembourg has failed to fulfil its obligation under Article 16(3) of that regulation;
            
         
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               order the Grand Duchy of Luxembourg to pay the costs.
            
         Pleas in law and main arguments
   Article 16(3) of Regulation (EC) No 261/2004 provides: ‘The sanctions laid down by Member States for infringements of this Regulation shall be effective, proportionate and dissuasive’. Under Article 19, the regulation entered into force on 17 February 2005. According to the information available to the Commission, the Grand Duchy of Luxembourg has not yet met the obligation to lay down sanctions, in the event of infringement of the regulation, which are effective, proportionate and dissuasive.
   
      (1)  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).