Judgment — ECLI:EU:C:2009:313
Date: 2009-05-14
Language of the case: French
Court formation: Seventh Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Environment
Concepts: General
Procedure: Action for failure to fulfil obligations - successful
Origin: Luxembourg

Action brought on 5 September 2008 - Commission of the European Communities v Grand Duchy of Luxembourg (Case C-390/08) Language of the case: French Parties Applicant: Commission of the European Communities (represented by: U. Wölker and J.-P. Keppenne, Agents) Defendant: Grand Duchy of Luxembourg Form of order sought Declare that by failing to communicate 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 Protocol1, read in conjunction with Articles 8, 9, 10 and 11 of Commission Decision No 166/2005/EC of 10 February 2005 laying down rules implementing Decision No 280/2004/EC of the European Parliament and of the Council concerning a mechanism for monitoring Community greenhouse gas emissions and for implementing the Kyoto Protocol2, the Grand Duchy of Luxembourg has failed to fulfil its obligations under Article 3(2) of Decision No 280/2004/EC, read in conjunction with Articles 8, 9, 10 and 11 of Decision No 166/2005/EC; Order the Grand Duchy of Luxembourg to pay the costs. Pleas in law and main arguments Pursuant to Article 3(2) of Decision No 280/2004/EC, read in combination with Decision No 166/2005/EC, the Member States were required to communicate to the Commission, by 15 March 2005 and every two years thereafter information on the national measures adopted to limit and/or reduce greenhouse gas emissions and implement the Kyoto Protocol. At the date on which the present action was brought, the defendant had not communicated the measures in question to the Commission. ____________ 1 - OJ 2004 L 49, p.1. 2 - OJ 2005 L 55, p.57.