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Document C2005/006/36

Judgment of the Court (Fifth Chamber) of 18 November 2004 in Case C-79/04 Commission of the European Communities v Grand Duchy of Luxembourg (Failure of a Member State to fulfil its obligations — Directive 2002/40/EC — Failure to transpose within the prescribed period)

ĠU C 6, 8.1.2005, p. 19–19 (ES, CS, DA, DE, ET, EL, EN, FR, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)

8.1.2005   

EN

Official Journal of the European Union

C 6/19


JUDGMENT OF THE COURT

(Fifth Chamber)

of 18 November 2004

in Case C-79/04 Commission of the European Communities v Grand Duchy of Luxembourg (1)

(Failure of a Member State to fulfil its obligations - Directive 2002/40/EC - Failure to transpose within the prescribed period)

(2005/C 6/36)

Language of the case: French

In Case C-79/04 Commission of the European Communities (Agents: M. Patakia and B. Schima) v Grand Duchy of Luxemboug (Agent: S. Schreiner) – action under Article 226 EC for failure to fulfil obligations, brought on 19 February 2004 – the Court (Fifth Chamber), composed of: R. Silva de Lapuerta, President of the Chamber, C. Gulmann and J. Makarczyk (Rapporteur), Judges; P. Léger, Advocate General; R. Grass, Registrar, gave a judgment on 18 November 2004, in which it:

1.

Declares that, by failing to adopt, within the prescribed period, the laws, regulations and administrative provisions necessary to comply with Commission Directive 2002/40/EC of 8 May 2002 implementing Council Directive 92/75/EEC with regard to energy labelling of household electric ovens, 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 85 of 3.4.2004.


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