CELEX: 62007CJ0224
Language: en
Date: 2007-11-08
Title: Judgment of the Court (Sixth Chamber) of 8 November 2007. # Commission of the European Communities v Grand Duchy of Luxemburg. # Failure of a Member State to fulfil obligations - Directive 2004/49/EC - Safety on the Community’s railways - Incomplete transposition. # Case C-224/07.

Judgment of the Court (Sixth Chamber) of 8 November 2007 – Commission v Luxembourg
      (Case C‑224/07)
      Failure of a Member State to fulfil obligations – Directive 2004/49/EC – Safety on the Community’s railways – Incomplete transposition
      1.                     Member States – Obligations – Implementation of directives – Failure to fulfil obligations – National system pleaded as justification
            – Not permissible (Art. 226 EC) (see para. 11)
      2.                     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. 12)
      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).
               
            Operative part 
      
         
                   
               
               
                  
               
               
                  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.
                  
               
            
         
                   
               
               
                  
               
               
                  The Grand Duchy of Luxembourg is ordered to pay the costs.