Case C-100/06: Judgment of the Court (Fourth Chamber) of 21 September 2006 — Commission of the European Communities v Grand-Duchy of Luxembourg (Failure of a Member State to fulfil obligations — Directive 2003/66/EC — Energy labelling of household electric refrigerators, freezers and their combinations — Failure to transpose within the prescribed period)
Date: 2006-11-18
Institutions: Court of Justice
Subjects: European Commission, Luxembourg, action for failure to fulfil an obligation, energy consumption, harmonisation of standards, household electrical appliance, labelling, national implementing measure, noise level

18.11.2006

EN

Official Journal of the European Union

C 281/17

2. The action brought by Ms Fernández Gómez before the Court of
First Instance of the European Communities for the annulment of
the decision of the Authority Authorised to Conclude Contracts of
Employment of 12 May 2003 rejecting the application for
renewal of Ms Fernández Gómez's contract and for compensation
in respect of the damage which allegedly resulted from that deci-
sion is dismissed as inadmissible;

regulations and administrative provisions necessary

1. Declares that, by failing to adopt, within the prescribed period, the
laws,
to
comply with Commission Directive 2003/66/EC of 3 July 2003
amending Directive 94/2/EC implementing Council Directive
92/75/EEC with regard to energy labelling of household electric
refrigerators, freezers and their combinations, the Grand-Duchy of
Luxembourg has failed to fulfil its obligations under that directive.

3. The parties are ordered to bear their own costs as regards both the

2. Orders the Grand-Duchy of Luxembourg to pay the costs.

proceedings at first instance and the appeal.

(1) OJ C 10, 14.1.2006.

(1) OJ C 86, 08.04.2006

Judgment of the Court (Fourth Chamber) of 21 September
2006 — Commission of the European Communities v
Grand-Duchy of Luxembourg

Reference for a preliminary ruling from the Rechtbank
Amsterdam (Netherlands) lodged on 31 July 2006 — K.D.
Chuck v Raad van bestuur van de Sociale Verzekerings-
bank

(Case C-100/06) (1)

(Failure of a Member State to fulfil obligations — Directive
2003/66/EC — Energy labelling of household electric refrig-
erators, freezers and their combinations — Failure to trans-
pose within the prescribed period)

(Case C-331/06)

(2006/C 281/27)

Language of the case: Dutch

(2006/C 281/26)

Language of the case: French

Parties

Referring court

Rechtbank Amsterdam

Parties to the main proceedings

Applicant: Commission of the European Communities (repre-
sented by: B. Schima and J. Hottiaux, Agents)

Applicant: K.D. Chuck

Defendant: Grand-Duchy of Luxembourg (represented by: S.
Schreiner, Agent)

Defendant: Raad van bestuur van de Sociale Verzekeringsbank

Re:

Failure of a Member State to fulfil obligations — Failure to
adopt, within the prescribed period, the measures necessary to
comply with Commission Directive 2003/66/EC of 3 July 2003
amending Directive 94/2/EC implementing Council Directive
92/75/EEC with regard to energy labelling of household electric
refrigerators, freezers and their combinations (OJ 2003 L 170,
p. 10)

Operative part of the judgment

The Court:

Question referred

Where a worker is resident outside the Community on the date
on which he reaches pensionable age, should Article 48 of the
Regulation (1) be applied in the same way as in a case where
the worker concerned is resident in the territory of the Com-
munity?

(1) Regulation (EEC) No 1408/71 of the Council of 14 June 1971 on
the application of social security schemes to employed persons and
their
families moving within the Community (English special
edition: Series I Chapter 1971(II) p. 416).