Case C-138/06: Judgment of the Court (Fifth Chamber) of 14 December 2006 — Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland (Failure of a Member State to fulfil obligations — Directive 2002/49/EC — Assessment and management of environmental noise — Non-transposition within the prescribed period)
Date: 2006-12-30
Institutions: Court of Justice
Subjects: European Commission, United Kingdom, action for failure to fulfil an obligation, action programme, evaluation method, national implementing measure, noise, noise pollution, noise protection, pollution control measures

C 331/20

EN

Official Journal of the European Union

30.12.2006

Judgment of the Court (Sixth Chamber) of 7 December
the European Communities v
2006 — Commission of

Grand Duchy of Luxembourg

Judgment of the Court (Fifth Chamber) of 14 December
the European Communities v
2006 — Commission of

United Kingdom of Great Britain and Northern Ireland

(Case C-127/06) (1)

(Case C-138/06) (1)

(Failure of a Member State to fulfil obligations — Directive
2002/65/EC — Distance marketing of financial services —
Failure to transpose within the period prescribed)

(Failure of a Member State to fulfil obligations — Directive
2002/49/EC — Assessment and management of environ-
mental noise — Non-transposition within the prescribed
period)

(2006/C 331/34)

Language of the case: French

(2006/C 331/35)

Language of the case: English

Parties

Parties

Applicant: Commission of the European Communities (repre-
sented by: A. Aresu, acting as Agent)

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

Applicant: Commission of the European Communities (repre-
sented by: A. Alcover San Pedro and D. Lawunmi, Agents)

Defendant: United Kingdom of Great Britain and Northern
Ireland (represented by: V. Jackson, Agent)

Re:

Re:

Failure of a Member State to fulfil obligations — Failure to
adopt, within the period prescribed, the provisions necessary to
comply with Directive 2002/65/EC of the European Parliament
the Council of 23 September 2002 concerning the
and of
distance marketing of consumer financial services and amending
Council Directive 90/619/EEC and Directives 97/7/EC and
98/27/EC (OJ 2002 L 271, p. 16)

Failure of a Member State to fulfil obligations — Failure to have
adopted, within the prescribed period, all the measures neces-
sary to comply with Directive 2002/49/EC of the European
Parliament and of the Council of 25 June 2002 relating to the
assessment and management of environmental noise (OJ 2002
L 189, p. 12)

Operative part of the judgment

Operative part of the judgment

The Court:

The Court:

1. Declares that, by failing to adopt, within the period prescribed, the
laws, regulations and administrative provisions necessary to comply
with Directive 2002/65/EC of the European Parliament and of the
Council of 23 September 2002 concerning the distance marketing
of consumer
financial services and amending Council Directive
90/619/EEC and Directives 97/7/EC and 98/27/EC, the Grand
its obligations under
Duchy of Luxembourg has failed to fulfil
Article 21(1) of that directive;

1. Declares that, by failing to adopt, within the prescribed period, the
laws, regulations and administrative provisions necessary to comply
with Directive 2002/49/EC of the European Parliament and of the
Council of 25 June 2002 relating to the assessment and manage-
ment of environmental noise, the United Kingdom of Great Britain
and Northern Ireland has failed to fulfil its obligations under that
directive;

2. Orders the United Kingdom of Great Britain and Northern Ireland

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

to pay the costs.

(1) OJ C 108, 6.5.2006.

(1) OJ C 131, 3.6.2006.