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Judgment of the Court (Eighth Chamber) of 19 April 2007. # Commission of the European Communities v Grand Duchy of Luxemburg. # Failure of a Member State to fulfil obligations - Regulation (EC) No 261/2004 - Article 16(3) - Compensation and assistance to passengers - Measures necessary. # Case C-264/06.
ECLI:EU:C:2007:240
62006CJ0264
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(Case C‑264/06)
Failure of a Member State to fulfil obligations – Regulation (EC) No 261/2004 – Article 16(3) – Compensation and assistance to passengers – Measures necessary)
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 obligations – Failure to adopt the measures necessary to comply with Article 16(3) of Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91 (OJ 2004 L 46, p. 1) – Adoption of effective, proportionate and dissuasive sanctions.
Operative part
The Court:
Declares that, by not laying down sanctions for infringements of Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91, the Grand Duchy of Luxembourg has failed to fulfil its obligations under Article 16(3) of that regulation;
Orders the Grand Duchy of Luxembourg to pay the costs.