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Document C2005/143/19

    Judgment of the Court (Sixth Chamber) of 28 April 2005 in Case C-375/04: Commission of the European Communities v Grand Duchy of Luxembourg (Failure of a Member State to fulfil obligations — Directive 2002/58/EC — Electronic communications — Processing of personal data — Protection of privacy — Protection of natural persons — Failure to tranpose within the prescribed period)

    OB C 143, 11.6.2005, p. 14–14 (ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)

    11.6.2005   

    EN

    Official Journal of the European Union

    C 143/14


    JUDGMENT OF THE COURT

    (Sixth Chamber)

    of 28 April 2005

    in Case C-375/04: Commission of the European Communities v Grand Duchy of Luxembourg (1)

    (Failure of a Member State to fulfil obligations - Directive 2002/58/EC - Electronic communications - Processing of personal data - Protection of privacy - Protection of natural persons - Failure to tranpose within the prescribed period)

    (2005/C 143/19)

    Language of the case: French

    In Case C-375/04 Commission of the European Communities (Agent: M. Shotter) v Grand Duchy of Luxembourg (Agent: S. Schreiner) — action under Article 226 EC for failure to fulfil obligations, brought on 1 September 2004 — the Court (Sixth Chamber), composed of A. Borg Barthet, President of the Chamber, U. Lõhmus (Rapporteur) and A. Ó Caoimh, Judges; C. Stix-Hackl, Advocate General; R. Grass, Registrar, gave a judgment on 28 April 2005, in which it:

    1.

    Declares that, by failing to adopt within the prescribed period the laws, regulations and administrative provisions necessary to comply with Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications), the Grand Duchy of Luxembourg has failed to fulfil its obligations under that directive;

    2.

    Orders the Grand Duchy of Luxembourg to pay the costs.


    (1)  OJ C 262 of 23.10.2004.


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