Failure of a Member State to fulfil obligations Failure to transpose within the prescribed period Directive 2003/110/EC Assistance in cases of transit for the purposes of removal by air
Sumário
Judgment of the Court (Sixth Chamber) of 27 September 2007.
Commission of the European Communities v Portuguese Republic.
Failure of a Member State to fulfil obligations - Directive 2003/110/EC - Assistance in cases of transit for the purposes of removal by air - Failure to transpose within the prescribed period.
Case C-4/07.
Texto da decisão
Judgment of the Court (Sixth Chamber) of 27 September 2007 – Commission v Portugal
(Case C‑4/07)
Failure of a Member State to fulfil obligations – Directive 2003/110/EC – Assistance in cases of transit for the purposes of removal by air – 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)
Re:
| Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, the provisions necessary to comply with Council Directive 2003/110/EC on assistance in cases of transit for the purposes of removal by air (OJ 2003 L 321, p. 26). |
Operative part
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By failing to adopt, within the prescribed period, the laws, regulations and administrative provisions necessary to comply with Council Directive 2003/110/EC on assistance in cases of transit for the purposes of removal by air, the Portuguese Republic has failed to fulfil its obligations under Article 10(1) of that directive; |
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The Portuguese Republic is ordered to pay the costs. |