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(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)
(2008/C 51/42)
Language of the case: French
Applicant: Commission of the European Communities (represented by: N. Yerrell and P. Dejmek, acting as Agents)
Defendant: Grand Duchy of Luxembourg (represented by: C. Schiltz, Agent)
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)
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.
(<span class="super">1</span>) OJ C 155, 7.7.2007.