CELEX: 62008CJ0184
Language: en
Date: 2009-03-24 00:00:00
Title: Judgment of the Court (Eighth Chamber) of 24 March 2009. # Commission of the European Communities v Grand Duchy of Luxemburg. # Failure of a Member State to fulfil obligations - Regulation (EC) No 648/2004 - Article 18 - Market for detergents and for surfactants for detergents - Sanctions. # Case C-184/08.

Judgment of the Court (Eighth Chamber) of 24 March 2009 – Commission v Luxembourg
      (Case C‑184/08)
      Failure of a Member State to fulfil obligations – Regulation (EC) No 648/2004 – Article 18 – Market for detergents and for surfactants for detergents – Sanctions
      1.                     Actions for failure to fulfil obligations – Examination of the 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. 8)
      2.                     Member States – Obligations – Failure to fulfil obligations – Justification (Art. 226 EC; European Parliament and Council
            Regulation No 648/2004, Arts 17(4), and 18) (see para. 10)
      Re: 
      
         
               Failure of a Member State to fulfil obligations – Failure to adopt or communicate within the prescribed period, dissuasive,
                  effective and proportionate sanctions for infringements of Regulation (EC) No 648/2004 of the European Parliament and of the
                  Council of 31 March 2004 on detergents (OJ 2004 L 104, p. 1).
               
            Operative part
      The Court: 
      
         
                  1.
               
               
                  
               
               
                  	Declares that, by failing to adopt, within the prescribed period, sanctions in accordance with Article 18 of Regulation (EC)
                     No 648/2004 of the European Parliament and of the Council of 31 March 2004 on detergents, the Grand Duchy of Luxembourg has
                     failed to fulfil its obligations under that article.
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Orders the Grand Duchy of Luxembourg to pay the costs.