Judgment — ECLI:EU:C:2006:171
Date: 2006-03-09
Language of the case: French
Court formation: Fourth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Approximation of laws
Concepts: General
Procedure: Action for failure to fulfil obligations - successful
Origin: Luxembourg

Notice for the OJ Action brought on 8 August 2005 by Commission of the European Communities against the Grand Duchy of Luxembourg (Case C-310/05) (Language of the case: French) An action against the Grand Duchy of Luxembourg was brought before the Court of Justice of the European Communities on 8 August 2005 by the Commission of the European Communities, represented by Marie-José Jonczy and Antonio Aresu, acting as Agents, with an address for service in Luxembourg. The Commission of the European Communities claims that the Court should: declare 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,1 or, in any event, by failing to communicate the said provisions to the Commission, the Grand Duchy of Luxembourg has failed to fulfil its obligations under Article 21(1) of that directive; order the Grand Duchy of Luxembourg to pay the costs. Pleas in law and main arguments The Grand Duchy of Luxembourg has yet to take the measures which it was obliged to put in place by 15 January 2004 in relation to Directive 2001/95 and in any event has failed to communicate those measures to the Commission. ____________ 1 - OJ L 11 of 15.01.2002, p.4