CELEX: 62008CA0282
Language: en
Date: 2009-02-05 00:00:00
Title: 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)

4.4.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 82/8
            
         Judgment of the Court (Seventh Chamber) of 5 February 2009 — Commission of the European Communities v Grand Duchy of Luxembourg
   (Case C-282/08) (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
   Parties
   
      Applicant: Commission of the European Communities (represented by: W. Roels and W. Wils, acting as Agents)
   
      Defendant: Grand Duchy of Luxembourg (represented by: C. Schiltz, Agent)
   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 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’) (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;
            
         
               2.
            
            
               Orders the Grand Duchy of Luxembourg to pay the costs.
            
         
      (1)  OJ C 209, 15.8.2008.