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Judgment of the Court (Sixth Chamber) of 24 May 2007. # Commission of the European Communities v Grand Duchy of Luxemburg. # Failure of a Member State to fulfil its obligations - Directive 2002/15/EC - Organisation of the working time of persons performing mobile road transport activities - Failure to transpose within the prescribed period. # Case C-364/06.
ECLI:EU:C:2007:306
62006CJ0364
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(Case C‑364/06)
Failure of a Member State to fulfil its obligations – Directive 2002/15/EC – Organisation of the working time of persons performing mobile road transport activities – Failure to transpose within the prescribed period
Actions for failure to fulfil obligations – Examination of 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. 7)
Re:
Failure of a Member State to fulfil its obligations – Failure to adopt, within the period prescribed, the provisions necessary to comply with Directive 2002/15/EC of the European Parliament and of the Council of 11 March 2002 on the organisation of the working time of persons performing mobile road transport activities (OJ 2002 L 80, p. 35).
Operative part
The Court:
Declares that, by failing to adopt, within the prescribed period, the laws, regulations and administrative provisions necessary to comply with Directive 2002/15/EC of the European Parliament and of the Council of 11 March 2002 on the organisation of the working time of persons performing mobile road transport activities, the Grand Duchy of Luxembourg has failed to fulfil its obligations under that Directive;
Orders the Grand Duchy of Luxembourg to pay the costs.