1. 

Actions for failure to fulfil obligations—Decision as to whether to pursue an action before the Court—Exclusive power of the Commission

(Art. 258 TFEU)

(see para. 16)

2. 

Actions for failure to fulfil obligations—Examination of the merits by the Court—Situation to be taken into consideration—Situation on expiry of the period laid down in the reasoned opinion

(Art. 258 TFEU)

(see para. 20)

3. 

Member States—Obligations resulting from EU law—Failure to fulfil obligations—National system pleaded as justification—Not permissible

(Art. 258 TFEU)

(see para. 21)

4. 

Transport—Road transport—Regulation No 1071/2009—Common rules concerning the conditions to be complied with to pursue the occupation of road transport operator—National electronic register of road transport undertakings—Failure to create such a register and lack of interconnection with the electronic registers of other Member States—Failure to fulfil obligations

(European Parliament and Council Regulation No 1071/2009, Art. 16(1) and (5))

(see para. 22, operative part.)

1.

Declares that, by failing to have established a national electronic register of road transport undertakings which complies fully and which is interconnected with the national electronic registers of the other Member States, the Grand Duchy of Luxembourg has failed to fulfil its obligations under Article 16(1) and (5) of Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC.

2.

Orders the Grand Duchy of Luxembourg to pay the costs.