13.3.2010   

EN

Official Journal of the European Union

C 63/15


Judgment of the Court (Eighth Chamber) of 29 October 2009 — Commission of the European Communities v Grand Duchy of Luxembourg

(Case C-22/09) (1)

(Failure of a Member State to fulfil obligations - Energy policy - Energy savings - Directive 2002/91/EC - Energy performance of buildings - Failure to transpose the directive within the prescribed time-limit)

2010/C 63/23

Language of the case: French

Parties

Applicant: Commission of the European Communities (represented by: B. Schima and L. de Schietere de Lophem, acting as Agents)

Defendant: Grand Duchy of Luxembourg (represented by: C. Schiltz, Agent)

Re:

Failure of a Member State to fulfil obligations — Failure to adopt all the laws, regulations and administrative provisions necessary to comply with Directive 2002/91/EC of the European Parliament and of the Council of 16 December 2002 on the energy performance of buildings (OJ 2003 L 1, p. 65), or failure to notify them to the Commission, within the prescribed time-limit

Operative part of the judgment

The Court:

1.

Declares that, by failing to adopt all the laws, regulations and administrative provisions necessary to comply with Directive 2002/91/EC of the European Parliament and of the Council of 16 December 2002 on the energy performance of buildings, the Grand Duchy of Luxembourg has failed to fulfil its obligations under Article 15(1) of that directive;

2.

Orders the Grand Duchy of Luxembourg to pay the costs.


(1)  OJ C 82 of 4.04.2009.