8.9.2007   

EN

Official Journal of the European Union

C 211/18


Action brought on 19 June 2007 — Commission of the European Communities v Grand Duchy of Luxembourg

(Case C-294/07)

(2007/C 211/35)

Language of the case: French

Parties

Applicant: Commission of the European Communities (represented by: D. Maidani, Agent, acting as Agent)

Defendant: Grand Duchy of Luxembourg

Form of order sought

Declare that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (1), the Grand Duchy of Luxembourg has failed to fulfil its obligations under Article 40 of that directive;

order the Grand Duchy of Luxembourg to pay the costs.

Pleas in law and main arguments

The period for the transposition of Directive 2004/38/EC into domestic law expired on 29 April 2006.


(1)  OJ 2004 L 158, p. 77 and corrigenda — OJ 2004 L 229, p. 35 and OJ 2005 L 197, p. 34.