Judgment of the Court (Sixth Chamber) of 8 November 2007.#Commission of the European Communities v Grand Duchy of Luxemburg.#Failure of a Member State to fulfil obligations - Directive 2004/49/EC - Safety on the Community’s railways - Incomplete transposition.#Case C-224/07.

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 Directive 2004/49/EC of the European Parliament and of the Council of 29 April 2004 on safety on the Community’s railways and amending Council Directive 95/18/EC on the licensing of railway undertakings and Directive 2001/14/EC on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification (Railway Safety Directive) (OJ 2004 L 164, p. 44).

Operative part

Operative part

1. By failing to bring into force all the laws, regulations and administrative provisions necessary to comply with Directive 2004/49/EC of the European Parliament and of the Council of 29 April 2004 on safety on the Community’s railways and amending Council Directive 95/18/EC on the licensing of railway undertakings and Directive 2001/14/EC on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification (Railway Safety Directive), the Grand Duchy of Luxembourg has failed to fulfil its obligations under that directive.

2. The Grand Duchy of Luxembourg is ordered to pay the costs.