Judgment of the Court (Seventh Chamber) of 6 December 2007 – Commission v Luxembourg

(Case C‑57/07)

Failure of a Member State to fulfil obligations – Directive 2003/86/EC – Right to family reunification – Non-transposition 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)

2.                     Acts of the institutions – Directives – Implementation by Member States (see para. 10)

Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, the measures necessary to comply with Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification (OJ 2003 L 251, p. 12).

Operative part

The Court:

Declares that by not adopting, within the prescribed period, the legislative, regulatory and administrative measures necessary to comply with Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification, the Grand Duchy of Luxembourg has failed to fulfil its obligations under that directive;

Orders the Grand Duchy of Luxembourg to pay the costs.