Failure of a Member State to fulfil obligations Failure to transpose within the prescribed period Directive 2004/50/EC Interoperability of the trans European high speed rail system and of the trans European conventional rail system
Sumário
Judgment of the Court (Sixth Chamber) of 13 December 2007.
Commission of the European Communities v Grand Duchy of Luxemburg.
Failure of a Member State to fulfil obligations - Directive 2004/50/EC - Interoperability of the trans-European high-speed rail system and of the trans-European conventional rail system - Failure to transpose within the prescribed period.
Case C-244/07.
Texto da decisão
Judgment of the Court (Sixth Chamber) of 13 December 2007 – Commission v Luxembourg
Case C‑244/07
Failure of a Member State to fulfil obligations – Directive 2004/50/EC – Interoperability of the trans-European high-speed rail system and of the trans-European conventional rail system – 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)
2. Actions for failure to fulfil obligations – Objective nature (Art. 226 EC) (see para. 10)
Re:
| Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, the provisions necessary to comply with Directive 2004/50/EC of the European Parliament and of the Council of 29 April 2004 amending Council Directive 96/48/EC on the interoperability of the trans-European high-speed rail system and Directive 2001/16/EC of the European Parliament and of the Council on the interoperability of the trans-European conventional rail system (OJ 2004 L 164, p. 114). |
Operative part
The Court:
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Declares that, by failing to adopt, within the prescribed period, the laws, regulations and administrative provisions necessary to comply with Directive 2004/50/EC of the European Parliament and of the Council of 29 April 2004 amending Council Directive 96/48/EC on the interoperability of the trans-European high-speed rail system and Directive 2001/16/EC of the European Parliament and of the Council on the interoperability of the trans-European conventional rail system, the Grand Duchy of Luxembourg has failed to comply with its obligations under that directive; |
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Orders the Grand Duchy of Luxembourg to pay the costs. |