Judgment of the Court (Eighth Chamber) of 8 November 2007.#Commission of the European Communities v Kingdom of Belgium.#Failure of a Member State to fulfil obligations - Directive 2003/110/EC - Assistance in cases of transit - Removal by air - Failure to transpose within the period prescribed.#Case C-3/07.

Subject of the case

Re:

Failure of a Member State to fulfil obligations – Failure to adopt, within the period prescribed, the measures necessary to comply with Council Directive 2003/110/EC of 25 November 2003 on assistance in cases of transit for the purposes of removal by air (OJ 2003 L 321, p. 26).

Operative part

Operative part

1. By failing to adopt, within the period prescribed, the laws, regulations and administrative provisions necessary to comply with Council Directive 2003/110/EC of 25 November 2003 on assistance in cases of transit for the purposes of removal by air, with the exception of Article 5(2) of that directive, the Kingdom of Belgium has failed to fulfil its obligations thereunder.

2. The action is dismissed in respect of the failure to transpose Article 5(2) of Directive 2003/110.

3. The Kingdom of Belgium is ordered to pay the costs.