Keywords
Subject of the case
Operative part

Keywords

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. 226 EC) (see para. 9

)

Subject of the case

Re:

Failure of a Member State to fulfil obligations – Failure to communicate, within the prescribed period, the information required by Article 3(2) of Decision No 280/2004/EC of the European Parliament and of the Council of 11 February 2004 concerning a mechanism for monitoring Community greenhouse gas emissions and for implementing the Kyoto Protocol (OJ 2004 L 49, p. 1), read in conjunction with Articles 8 to 11 of Commission Decision No 2005/166/EC of 10 February 2005 laying down rules implementing Decision No 280/2004/EC (OJ 2005 L 55, p. 57) – Information relating to national projections concerning greenhouse gas emissions and measures adopted to limit and/or reduce such emissions.

Operative part

Operative part

The Court:

1. Declares that, by failing to communicate, by 15 March 2007, the information required under Article 3(2) of Decision No 280/2004/EC of the European Parliament and of the Council of 11 February 2004 concerning a mechanism for monitoring Community greenhouse gas emissions and for implementing the Kyoto Protocol, read in conjunction with Articles 8 to 11 of Commission Decision No 2005/166/EC of 10 February 2005 laying down rules implementing Decision No 280/2004/EC, the Grand Duchy of Luxembourg failed to fulfil its obligations under those provisions;

2. Orders the Grand Duchy of Luxembourg to pay the costs.