Judgment of the Court (Seventh Chamber) of 29 November 2007 –Commission v Luxembourg
(Case C‑34/07)
Failure of a Member State to fulfil obligations – Directive 2003/109/EC – Third-country nationals who are long-term residents – 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. 12)
2. Member States – Obligations – Implementation of directives – Failure to fulfil obligations – National system pleaded as justification – Not permissible (Art. 226 EC) (see para. 13)
Re:
Failure of a Member State to fulfil obligations – Failure to adopt within the prescribed period the provisions necessary to comply with Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents (OJ 2004 L 16, p. 44).
Operative part
The Court:
Declares that, by failing to adopt, within the prescribed period, the laws, regulations and administrative provisions necessary to comply with Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents, the Grand Duchy of Luxembourg has failed to fulfil its obligations under that directive;
Orders the Grand Duchy of Luxembourg to pay the costs.
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