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Case C-417/07: Judgment of the Court (Seventh Chamber) of 1 April 2008 — Commission of the European Communities v Grand Duchy of Luxembourg (Failure by a Member State to fulfil its obligations — Directive 2004/36/EC — Safety of third-country aircraft using Community airports — Failure to transpose within the prescribed period)

ECLI:EU:UNKNOWN:62007CA0417

62007CA0417

January 1, 2007
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9.5.2008

Official Journal of the European Union

C 116/8

(Case C-417/07) (<span class="super">1</span>)

(Failure by a Member State to fulfil its obligations - Directive 2004/36/EC - Safety of third-country aircraft using Community airports - Failure to transpose within the prescribed period)

(2008/C 116/14)

Language of the case: French

Parties

Applicant: Commission of the European Communities (represented by: R. Vidal Puig, Agent)

Defendant: Grand Duchy of Luxembourg (represented by: C. Schiltz, Agent)

Re:

Failure by a Member State to fulfil its obligations — Failure to adopt, within the prescribed period, the necessary measures to comply with Directive 2004/36/EC of the European Parliament and of the Council of 21 April 2004 on the safety of third-country aircraft using Community airports (OJ 2004 L 143, p. 76)

Operative part of the judgment

The Court:

1.Declares that by failing to adopt, within the prescribed period, the laws, regulations and administrative provisions necessary to comply with Directive 2004/36/EC of the European Parliament and of the Council of 21 April 2004 on the safety of third-country aircraft using 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.

(<span class="super">1</span>) OJ C 247, 20.10.2007.

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