Judgment — ECLI:EU:C:2008:754
Date: 2008-12-18
Language of the case: French
Court formation: Seventh Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Environment;Pollution
Concepts: General
Procedure: Action for failure to fulfil obligations - successful
Origin: Luxembourg

Judgment of the Court (Seventh Chamber) of 18 December 2008 - Commission of the European Communities v Grand Duchy of Luxembourg (Case C-273/08) 1 (Failure of a Member State to fulfil obligations - Directive 2001/81/EC - Atmospheric pollutants - Failure to communicate programmes for the reduction of emissions, national emission inventories and annual projections for the year 2010) Language of the case: French Parties Applicant: Commission of the European Communities (represented by: G. Rozet and A. Alcover San Pedro, acting as Agents) Defendant: Grand Duchy of Luxembourg (represented by: C. Schiltz, acting as Agent) Re: Failure of a Member State to fulfil obligations - Failure to draw up and communicate, within the prescribed time-limits, the documents provided for in Articles 6, 7 and 8 of Directive 2001/81/EC of the European Parliament and of the Council of 23 October 2001 on national emission ceilings for certain atmospheric pollutants (OJ 2001 L 309, p. 22) Operative part of the judgment The Court: 1. declares that, by failing to communicate to the Commission of the European Communities, within the prescribed time-limit, the programmes, inventories and annual projections for the year 2010 relating to the progressive reduction of its emissions of sulphur dioxide (SO2), nitrogen oxides (NOX), volatile organic compounds (VOC) and ammonia (NH3), the Grand Duchy of Luxembourg has failed to fulfil its obligations under Directive 2001/81/EC of the European Parliament and of the Council of 23 October 2001 on national emission ceilings for certain atmospheric pollutants; 2. orders the Grand Duchy of Luxembourg to pay the costs. ____________ 1 - OJ C 209, 15.08.2008.