Case C-282/08: Judgment of the Court (Seventh Chamber) of 5 February 2009 — Commission of the European Communities v Grand Duchy of Luxembourg (Failure of a Member State to fulfil obligations — Directive 2005/38/EC — Unfair commercial practices — Failure to transpose within the period prescribed)
Date: 2009-02-05
Institutions: Court of Justice
Subjects: European Commission, Luxembourg, action for failure to fulfil an obligation, advertising malpractice, consumer protection, domestic market, restriction on competition

C 82/8

EN

Official Journal of the European Union

4.4.2009

Judgment of the Court (Seventh Chamber) of 5 February
the European Communities v
2009 — Commission of

Judgment of the Court (Seventh Chamber) of 5 February
the European Communities v
2009 — Commission of

Grand Duchy of Luxembourg

(Case C-282/08) (1)

Republic of Finland

(Case C-293/08) (1)

(Failure of a Member State to fulfil obligations — Directive
2005/38/EC — Unfair commercial practices — Failure to
transpose within the period prescribed)

(2009/C 82/14)

Language of the case: French

(Failure of a Member State to fulfil obligations — Directive
to transpose within the period
2004/83/EC — Failure

prescribed)

(2009/C 82/15)

Language of the case: Finnish

Parties

Applicant: Commission of the European Communities (repre-
sented by: W. Roels and W. Wils, acting as Agents)

Parties

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

Applicant: Commission of the European Communities (repre-
sented by: M. Condou-Durande and I. Koskinen, acting as
Agents)

Re:

Failure of a Member State to fulfil its obligations — Failure to
adopt or notify, within the prescribed period, the provisions
necessary to comply with Directive 2005/29/EC of the Euro-
pean Parliament and of the Council of 11 May 2005 concerning
unfair business-to-consumer commercial practices in the internal
market and amending Council Directive 84/450/EEC, Directives
97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament
and of the Council and Regulation (EC) No 2006/2004 of the
European Parliament and of the Council (‘Unfair Commercial
Practices Directive’) (OJ 2005 L 149, p. 22)

Operative part of the judgment

The Court:

1. Declares that, by failing to adopt, within the period prescribed, the
laws, regulations and administrative provisions necessary to comply
with Directive 2005/29/EC of the European Parliament and of the
Council of 11 May 2005 concerning unfair business-to-consumer
commercial practices in the internal market and amending Council
Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and
2002/65/EC of the European Parliament and of the Council and
Regulation (EC) No 2006/2004 of the European Parliament and
of the Council (‘Unfair Commercial Practices Directive’), the Grand
Duchy of Luxembourg has failed to fulfil its obligations under that
directive;

Defendant: Republic of Finland (represented by:
Agent)

J. Heliskoski,

Re:

Failure of a Member State to fulfil obligations — Failure to
adopt, within the period prescribed, the measures necessary to
comply with Council Directive 2004/83/EC of 29 April 2004
on minimum standards for the qualification and status of third
country nationals or stateless persons as refugees or as persons
who otherwise need international protection and the content of
the protection granted (OJ 2004 L 304, p. 12)

Operative part of the judgment

The Court:

1. Declares that, by failing to adopt the laws, regulations and admin-
istrative provisions necessary to comply with Council Directive
2004/83/EC of 29 April 2004 on minimum standards for the
qualification and status of
third country nationals or stateless
persons as refugees or as persons who otherwise need international
protection and the content of the protection granted and, in any
event, by failing to inform the Commission thereof, the Republic of
Finland has failed to fulfil its obligations under that directive;

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

2. Orders the Republic of Finland to pay the costs.

(1) OJ C 209, 15.8.2008.

(1) OJ C 223, 30.8.2008.