Judgment — ECLI:EU:C:2006:32
Date: 2006-01-12
Language of the case: French
Court formation: Fifth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Agriculture and Fisheries;State aids;Competition
Concepts: General;Defences
Procedure: Action for failure to fulfil obligations - successful
Origin: Luxembourg

JUDGMENT OF THE COURT (Fifth Chamber) of 12 January 2006 in Case C-69/05: Commission of the European Communities v Grand Duchy of Luxembourg 1 (Failure of a Member State to fulfil obligations - Regulation (EC) No 659/1999 - State aid in the agricultural sector - Submission of annual reports during 2000 and 2001 - Guidelines for the assessment of State aid) (Language of the case: French) In Case C-69/05 Commission of the European Communities (Agents: F. Clotuche-Duvieusart and A. Stobiecka-Kuik) v Grand Duchy of Luxembourg (Agent: S. Schreiner) - action under Article 226 EEC for failure to fulfil obligations, brought on 11 February 2005 - the Court (Fifth Chamber), composed of R. Silva de Lapuerta, acting for the President of the Fifth Chamber, G. Arestis (Rapporteur) and J. Klučka, Judges; M. Poiares Maduro, Advocate General; R. Grass, Registrar, gave a judgment on 12 January 2006, in which it: Declares that, by failing to communicate, before 1 July 2001 and no later than 30 June 2002, annual reports on all State aid schemes in the agricultural sector existing during 2000 and 2001, the Grand Duchy of Luxembourg has failed to fulfil its obligations under Article 88(1) EC and Article 21 of Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the application of Article [88 EC], as implemented by the Commission communication entitled 'Community Guidelines for State aid in the agriculture sector', published in the Official Journal of the European Communities of 1 February 2000; Orders the Grand Duchy of Luxembourg to pay the costs. ____________ 1 - OJ C 106 of 30.4.2005.