24.11.2007   

EN

Official Journal of the European Union

C 283/3


Judgment of the Court (Sixth Chamber) of 27 September 2007 — Commission of the European Communities v Portuguese Republic

(Case C-4/07) (1)

(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)

(2007/C 283/04)

Language of the case: Portuguese

Parties

Applicant: Commission of the European Communities (represented by: M. Condou-Durande and P. Guerra e Andrade, Agents)

Defendant: Portuguese Republic (represented by: L. Fernandes and F. Fraústo de Azevedo, Agents)

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 of the judgment

1.

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;

2.

The Portuguese Republic is ordered to pay the costs.


(1)  OJ C 42, 24.2.2007.