(Case C-71/05
Tribunal de Justicia de la Unión Europea

(Case C-71/05

Fecha: 08-Jun-2006





Judgment of the Court (Sixth Chamber) of 8 June 2006 – Commission v Luxembourg

(Case C-71/05)

Failure of a Member State to fulfil obligations – Directive 2002/30/EC – Air transport – Noise-related operating restrictions at Community airports – Failure to transpose within the prescribed period

Acts of the institutions – Directives – Implementation by the Member States (Art. 249, third para., EC) (see paras 12-13)

Re:

Failure of a Member State to fulfil obligations – Failure to transpose, within the prescribed period, Directive 2002/30/EC of the European Parliament and of the Council of 26 March 2002 on the establishment of rules and procedures with regard to the introduction of noise-related operating restrictions at Community airports (OJ 2002 L 85, p. 40).

Operative part:

The Court:

1.

Declares that, by failing to adopt, within the prescribed period, the laws, regulations and administrative provisions necessary to comply with Directive 2002/30/EC of the European Parliament and the Council of 26 March 2002 on the establishment of rules and procedures with regard to the introduction of noise-related operating restrictions at Community airports, the Grand Duchy of Luxembourg has failed to fulfil its obligations under that directive;

2.

Orders the Grand Duchy of Luxembourg to pay the costs.

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