CELEX: 62005CJ0353
Language: en
Date: 2006-09-28 00:00:00
Title: Judgment of the Court (Fourth Chamber) of 28 September 2006. # Commission of the European Communities v Grand Duchy of Luxemburg. # Failure of a Member State to fulfil obligations - Directive 2003/54/EC - Failure to transpose within the period prescribed. # Case C-353/05.

Judgment of the Court (Fourth Chamber) of 28 September 2006 – Commission v Luxembourg
      (Case C-353/05)
      Failure of a Member State to fulfil obligations – Directive 2003/54/EC – Failure to transpose within the period prescribed
      1.                     Acts of the institutions – Directives – Implementation by the Member States (Art. 249, third para., EC) (see para. 8)
      2.                     Actions for failure to act – Examination of merits by the Court – Situation to be taken into consideration – Situation on
            expiry of the period laid down in the reasoned opinion (Art. 226 EC) (see para. 9)
      Re:
      
         
               Failure of a Member State to fulfil its obligations – Failure to adopt, within the period prescribed, the provisions necessary
                  to comply with Directive 2003/54/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules
                  for the internal market in electricity and repealing Directive 96/92/EC (OJ 2003 L 176, p. 37) – Statements made with regard
                  to decommissioning and waste management activities.
               
            Operative part
      The Court: 
      
         
                  1.
               
               
                  
               
               
                  Declares that, by failing to adopt, within the period prescribed, the laws, regulations and administrative provisions necessary
                     to comply with Directive 2003/54/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules
                     for the internal market in electricity and repealing Directive 96/92/EC, 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.