Case C-61/07: Judgment of the Court (Fifth Chamber) of 18 July 2007 — Commission of the European Communities v Grand Duchy of Luxembourg (Failure of a Member State to fulfil obligations — Mechanism for monitoring greenhouse gas emissions — Implementation of the Kyoto Protocol)
Date: 2007-09-08
Institutions: Court of Justice
Subjects: European Commission, Luxembourg, action for failure to fulfil an obligation, greenhouse effect, national implementing measure, prevention of pollution, reduction of gas emissions

8.9.2007

EN

Official Journal of the European Union

C 211/11

Judgment of the Court (Fifth Chamber) of 18 July 2007 —
Commission of the European Communities v Grand Duchy
of Luxembourg

Judgment of the Court (Seventh Chamber) of 12 July 2007
— Commission of the European Communities v Kingdom
of Belgium

(Case C-61/07) (1)

(Failure of a Member State to fulfil obligations — Mechanism
for monitoring greenhouse gas emissions — Implementation
of the Kyoto Protocol)

(2007/C 211/19)

Language of the case: French

Parties

Applicant: Commission of the European Communities (repre-
sented by: U. Wölker and J.-B. Laignelot, acting as Agents)

Defendant: Grand Duchy of Luxembourg (represented by: C.
Schiltz, Agent)

Re:

Failure of a Member State to fulfil obligations — Failure to
communicate within the prescribed period the report containing
information required under Article 3(2) of Decision
the
No 280/2004/EC of
the
Council of 11 February 2004 concerning a mechanism for
monitoring Community greenhouse gas emissions and for
implementing the Kyoto Protocol (OJ 2004 L 49, p. 1) — Infor-
mation on national projections of greenhouse gas emissions and
measures taken to limit and/or reduce such emissions

the European Parliament and of

Operative part of the judgment

The Court:

1. Declares that, by failing to communicate the information required
under Article 3(2) of Decision No 280/2004/EC of the European
Parliament and of the Council of 11 February 2004 concerning a
mechanism for monitoring Community greenhouse gas emissions
and for implementing the Kyoto Protocol, the Grand Duchy of
Luxembourg has failed to fulfil its obligations under that provision;

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

(1) OJ C 95, 28.4.2007.

(Case C-90/07) (1)

(Failure of a Member State to fulfil obligations — Directive
2004/12/EC — Packaging and packaging waste — Failure to
transpose within the prescribed period)

(2007/C 211/20)

Language of the case: French

Parties

Applicant: Commission of the European Communities (repre-
sented by: M. Konstantinidis and J.-B. Laignelot, acting as
Agents)

Defendant: Kingdom of Belgium (represented by: S. Raskin,
Agent)

Re:

Failure of a Member State to fulfil obligations — Failure to
adopt, within the prescribed period, the measures necessary to
comply with Directive 2004/12/EC of the European Parliament
and of the Council of 11 February 2004 amending Directive
94/62/EC on packaging and packaging waste (OJ 2004 L 47,
p. 26)

Operative part of the judgment

The Court:

provisions

1. Declares that, by failing to adopt the laws, regulations and admi-
nistrative
comply with Directive
2004/12/EC of the European Parliament and of the Council of
11 February 2004 amending Directive 94/62/EC on packaging
and packaging waste, the Kingdom of Belgium has failed to fulfil
its obligations under that directive;

necessary

to

2. orders the Kingdom of Belgium to pay the costs.

(1) OJ C 95, 28.4.2007.

Action brought on 27 April 2007 — Commission of the
European Communities v French Republic

(Case C-220/07)

(2007/C 211/21)

Language of the case: French

Parties

Applicant: Commission of the European Communities (repre-
sented by: J.-P. Keppenne and M. Schotter, acting as Agents)

Defendant: French Republic