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Document 62006CJ0100

    Judgment of the Court (Fourth Chamber) of 21 September 2006.
    Commission of the European Communities v Grand Duchy of Luxemburg.
    Failure of a Member State to fulfil obligations - Directive 2003/66/EC - Energy labelling of household electric refrigerators, freezers and their combinations - Failure to transpose within the prescribed period.
    Case C-100/06.

    Thuarascálacha na Cúirte Eorpaí 2006 I-00095*

    ECLI identifier: ECLI:EU:C:2006:601

    Date of document:
    21/09/2006
    Date lodged:
    21/02/2006
    Author:
    An Chúirt Bhreithiúnais
    Country or organisation from which the request originates:
    Lucsamburg
    Form:
    Breithiúnas
    Authentic language:
    Fraincis
    Type of procedure:
    Caingean mar gheall ar mhainneachtain oibleagáidí a chomhall - tá bunús leis
    Defendant:
    Lucsamburg
    Judge-Rapporteur:
    Cunha Rodrigues
    Advocate General:
    Mengozzi
    Treaty:
    Conradh ag bunú Chomhphobal Eacnamaíochta na hEorpa
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    Case affecting:
    Instruments cited in case law:





    Judgment of the Court (Fourth Chamber) of 21 September 2006 – Commission v Luxembourg

    (Case C-100/06)

    Failure of a Member State to fulfil obligations – Directive 2003/66/EC – Energy labelling of household electric refrigerators, freezers and their combinations – Failure to transpose within the prescribed period

    1.                     Member States – Obligations – Implementation of directives – Failure to fulfil obligations – Justification based on national considerations – Not permissible (Art. 226 EC) (see para. 12)

    Re:

    Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, the measures necessary to comply with Commission Directive 2003/66/EC of 3 July 2003 amending Directive 94/2/EC implementing Council Directive 92/75/EEC with regard to energy labelling of household electric refrigerators, freezers and their combinations (OJ 2003 L 170, p. 10).

    Operative part

    The Court:

    1.

    Declares that, by failing to adopt, within the prescribed period, the laws, regulations and administrative provisions necessary to comply with Commission Directive 2003/66/EC of 3 July 2003 amending Directive 94/2/EC implementing Council Directive 92/75/EEC with regard to energy labelling of household electric refrigerators, freezers and their combinations, 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.

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