CELEX: C2007/315/40
Language: en
Date: 2007-12-22 00:00:00
Title: Case C-224/07: Judgment of the Court (Sixth Chamber) of 8 November 2007 — Commission of the European Communities v Grand Duchy of Luxembourg (Failure of a Member State to fulfil obligations — Directive 2004/49/EC — Safety on the Community's railways — Incomplete transposition)

22.12.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 315/23
            
         Judgment of the Court (Sixth Chamber) of 8 November 2007 — Commission of the European Communities v Grand Duchy of Luxembourg
   (Case C-224/07) (1)
   
   (Failure of a Member State to fulfil obligations - Directive 2004/49/EC - Safety on the Community's railways - Incomplete transposition)
   (2007/C 315/40)
   Language of the case: French
   Parties
   
      Applicant: Commission of the European Communities (represented by: N. Yerrell and P. Dejmek, Agents)
   
      Defendant: Grand Duchy of Luxembourg (represented by: C. Schiltz, Agent)
   Re:
   Failure of a Member State to fulfil obligations — Failure to adopt, within the period prescribed, the measures necessary to comply with Directive 2004/49/EC of the European Parliament and of the Council of 29 April 2004 on safety on the Community's railways and amending Council Directive 95/18/EC on the licensing of railway undertakings and Directive 2001/14/EC on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification (Railway Safety Directive) (OJ 2004 L 164, p. 44 and corrigendum OJ 2004 L 220, p. 16)
   Operative part of the judgment
   The Court:
   
               1.
            
            
               Declares that, by failing to bring into force all the laws, regulations and administrative provisions necessary to comply with Directive 2004/49/EC of the European Parliament and of the Council of 29 April 2004 on safety on the Community's railways and amending Council Directive 95/18/EC on the licensing of railway undertakings and Directive 2001/14/EC on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification (Railway Safety Directive), the Grand Duchy of Luxembourg has failed to fulfil its obligations under that directive;
            
         
               2.
            
            
               Orders the Grand Duchy of Luxembourg to pay the costs.
            
         
      (1)  OJ C 155, 7.7.2007.