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Case C-431/10: Judgment of the Court (Seventh Chamber) of 7 April 2011 — European Commission v Ireland (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)

ECLI:EU:UNKNOWN:62010CA0431

62010CA0431

April 7, 2011
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28.5.2011

Official Journal of the European Union

C 160/10

(Case C-431/10) (<span class="super">1</span>)

(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)

2011/C 160/09

Language of the case: English

Parties

Applicant: European Commission (represented by: M. Condou Durande and A.-A. Gilly, Agents)

Defendant: Ireland (represented by: D. O’Hagan, Agent)

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 L 326, p. 13)

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 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.

(<span class="super">1</span>) OJ C 301, 6.11.2010.

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