CELEX: 62005CJ0310
Failure of a Member State to fulfil its obligations
Directive 2001/95/EC
General product safety
Failure to transpose within the prescribed period

Judgment of the Court (Fourth Chamber) of 9 March 2006 –
Commission
v
Luxembourg
(Case C-310/05)
Failure of a Member State to fulfil obligations – Directive 2001/95/EC – General product safety – Failure to transpose within the prescribed period
Actions for failure to fulfil obligations – Examination of merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 CE) (see para. 7)
Re:
Failure by a Member State to fulfil obligations – Failure to adopt, within the prescribed period, the measures necessary to
comply with Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety
(OJ 2001 L 11, p. 4)
Operative part:
The Court:
1.
Declares that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Directive
2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety, the Grand Duchy of
Luxembourg has failed to fulfil its obligations under Article 21(1) of that directive;
2.
Orders the Grand Duchy of Luxembourg to pay the costs.