Judgment of the Court (Seventh Chamber) of 7 April 2011 – Commission v Ireland
(Case C-431/10)
Failure of a Member State to fulfil obligations – Directive 2005/85/EC – Right of asylum – Procedure for granting and withdrawing refugee status – Minimum standards – Failure to transpose provisions fully within the prescribed period
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. 258 TFEU; Council Directive 2005/85) (see paras 10-15)
Re:
| Failure of a Member State to fulfil obligations – Failure to adopt within the prescribed period the provisions necessary to comply with Council Directive 2005/85/EC of 1 December 2005 on minimum standards on procedures in Member States for granting and withdrawing refugee status (OJ 2005 L326, p.13). |
Operative part
The Court:
1. |
| Declares that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Council Directive 2005/85/EC of 1 December 2005 on minimum standards on procedures in Member States for granting and withdrawing refugee status, Ireland has failed to fulfil its obligations under Article 43 of that directive; |
2. |
| Orders Ireland to pay the costs. |