Judgment of the Court (Eighth Chamber) of 30 April 2009 – Commission v United Kingdom
(Case C‑256/08)
Failure of a Member State to fulfil obligations – Directive 2004/83/EC – Minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who need international protection – Failure to transpose within the prescribed period
1.Member States – Obligations – Implementation of directives – Failure to fulfil obligations – National system pleaded as justification – Not permissible (Art. 226 EC) (see para. 9)
2.Actions for failure to fulfil obligations – Examination of the 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. 10)
Re:
| Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, the measures necessary to comply with Council Directive2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted (OJ 2004 L 304, p. 12). |
Operative part
The Court:
1. |
| Declares that, by failing to adopt, within the prescribed period, all the laws, regulations and administrative provisions necessary to comply with Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted, the United Kingdom of Great Britain and Northern Ireland has failed to fulfil its obligations under that directive; |
2. |
| Orders the United Kingdom of Great Britain and Northern Ireland to pay the costs. |