CELEX: 62005CJ0354
Language: en
Date: 2006-05-18 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 18 May 2006. # Commission of the European Communities v Grand Duchy of Luxemburg. # Failure of a Member State to fulfil its obligations - Directive 2003/55/EC -Internal market in natural gas. # Case C-354/05.

Judgment of the Court (Fifth Chamber) of 18 May 2006 – Commission v Luxembourg
      (Case C-354/05)
      Failure of a Member State to fulfil obligations – Directive 2003/55/EC – Internal market in natural gas
      1.                     Acts of the institutions – Directives – Implementation by the Member States (Art. 249, third para., EC) (see para. 6)
      2.                     Actions for failure to fulfil obligations – 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. 7)
      Re:
      
         
               Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, the measures necessary to
                  comply with Directive 2003/55/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for
                  the internal market in natural gas and repealing Directive 98/30/EC (OJ 2003 L 176, p. 57).
               
            Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  Declares that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Directive
                     2003/55/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in
                     natural gas and repealing Directive 98/30/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.