Judgment of the Court (Sixth Chamber) of 27 September 2007 – Commission v Portugal
(Case C‑4/07)
Failure of a Member State to fulfil obligations – Directive 2003/110/EC – Assistance in cases of transit for the purposes of removal by air – Failure to transpose within the prescribed period
1. 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. 9)
Re:
Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, the provisions necessary to comply with Council Directive 2003/110/EC on assistance in cases of transit for the purposes of removal by air (OJ 2003 L 321, p. 26).
Operative part
By failing to adopt, within the prescribed period, the laws, regulations and administrative provisions necessary to comply with Council Directive 2003/110/EC on assistance in cases of transit for the purposes of removal by air, the Portuguese Republic has failed to fulfil its obligations under Article 10(1) of that directive;
The Portuguese Republic is ordered to pay the costs.
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