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:
1. |
| 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; |
2. |
| Orders the Grand Duchy of Luxembourg to pay the costs. |