Judgment of the Court (Fifth Chamber) of 7 December 2006 – Commission v Luxembourg
(Case C-48/06)
Failure of a Member State to fulfil obligations – Directive 2002/90/EC – Facilitation of unauthorised entry, transit and residence – Failure to transpose within the period prescribed
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. 5)
Re:
| Actions for failure to fulfil obligations – Failure to adopt, within the period prescribed, the provisions necessary to comply with Council Directive 2002/90/EC of 28 November 2002 defining the facilitation of unauthorised entry, transit and residence (OJ 2002 L 328, p. 17). |
Operative part
1. |
| By failing to adopt, within the period prescribed, the laws, regulations and administrative provisions necessary to comply with Council Directive 2002/90/EC of 28 November 2002 defining the facilitation of unauthorised entry, transit and residence, the Grand Duchy of Luxembourg has failed to fulfil its obligations under that directive. |
2. |
| The Grand Duchy of Luxembourg is ordered to pay the costs. |