CELEX: 62006CJ0100
Language: en
Date: 2006-09-21 00:00:00
Title: Judgment of the Court (Fourth Chamber) of 21 September 2006. # Commission of the European Communities v Grand Duchy of Luxemburg. # 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. # Case C-100/06.

Judgment of the Court (Fourth Chamber) of 21 September 2006 – Commission v Luxembourg
      (Case C-100/06)
      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
      1.                     Member States – Obligations – Implementation of directives – Failure to fulfil obligations – Justification based on national
            considerations – Not permissible (Art. 226 EC) (see para. 12)
      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
      The Court:
      
         
                  1.
               
               
                  
               
               
                  Declares that, by failing to adopt, within the prescribed period, the laws, regulations and administrative provisions 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, the Grand Duchy of Luxembourg
                     has failed to fulfil its obligations under that directive;
                  
               
            
         
                  2.
               
               
                  
               
               
                  Orders the Grand Duchy of Luxembourg to pay the costs.