CELEX: C2005/031/09
Language: en
Date: 2005-02-05 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 9 December 2004 in Case C-333/04: Commission of the European Communities v Grand Duchy of Luxembourg (Failure of a Member State to fulfil obligations — Directive 1999/92/EC — Protection of workers — Exposure to risk of explosive atmospheres — Failure to transpose)

5.2.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 31/4
            
         
      JUDGMENT OF THE COURT
   
   (Sixth Chamber)
   of 9 December 2004
   in Case C-333/04: Commission of the European Communities v Grand Duchy of Luxembourg (1)
   
   (Failure of a Member State to fulfil obligations - Directive 1999/92/EC - Protection of workers - Exposure to risk of explosive atmospheres - Failure to transpose)
   (2005/C 31/09)
   Language of the case: French
   In Case C-333/04: Commission of the European Communities (Agents: D. Martin and H. Kreppel) v Grand Duchy of Luxembourg (Agent: S. Schreiner) – ACTION under Article 226 EC for failure to fulfil obligations, brought on 2 August 2004 – the Court (Sixth Chamber), composed of: A. Borg Barthet, President of Chamber (Judge Rapporteur), J. Malenovský and U. Lõhmus, Judges; L.A. Geelhoed, Advocate General; R. Grass, Registrar, gave a judgment on 9 December 2004, in which it:
   
               1.
            
            
               Declares that, by failing to adopt the necessary laws, regulations and administrative provisions to comply with Directive 1999/92/EC of the European Parliament and of the Council of 16 December 1999 on minimum requirements for improving the safety and health protection of workers potentially at risk from explosive atmospheres (15th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC), 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 228, 11.9.2004.