Failure of a Member State to fulfil obligations Failure to transpose within the prescribed period Third Directive 2003/109/EC country nationals who are long term residents
Sumário
Judgment of the Court (Seventh Chamber) of 29 November 2007.
Commission of the European Communities v Grand Duchy of Luxemburg.
Failure of a Member State to fulfil obligations - Directive 2003/109/EC - Third-country nationals who are long-term residents - Failure to transpose within the prescribed period.
Case C-34/07.
Texto da decisão
Judgment of the Court (Seventh Chamber) of 29 November 2007 –Commission v Luxembourg
(Case C‑34/07)
Failure of a Member State to fulfil obligations – Directive 2003/109/EC – Third-country nationals who are long-term residents – 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. 12)
2. Member States – Obligations – Implementation of directives – Failure to fulfil obligations – National system pleaded as justification – Not permissible (Art. 226 EC) (see para. 13)
Re:
| Failure of a Member State to fulfil obligations – Failure to adopt within the prescribed period the provisions necessary to comply with Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents (OJ 2004 L 16, p. 44). |
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 Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents, the Grand Duchy of Luxembourg has failed to fulfil its obligations under that directive; |
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Orders the Grand Duchy of Luxembourg to pay the costs. |