CELEX: 62008CA0390
Language: en
Date: 2009-05-14 00:00:00
Title: Case C-390/08: Judgment of the Court (Seventh Chamber) of 14 May 2009 — Commission of the European Communities v Grand Duchy of Luxembourg (Failure of a Member State to fulfil obligations — Environment — Decision No 280/2004/EC — Implementation of the Kyoto Protocol — National measures intended to limit and/or reduce greenhouse gas emissions — Failure to communicate the information required)

4.7.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 153/16
            
         Judgment of the Court (Seventh Chamber) of 14 May 2009 — Commission of the European Communities v Grand Duchy of Luxembourg
   (Case C-390/08) (1)
   
   (Failure of a Member State to fulfil obligations - Environment - Decision No 280/2004/EC - Implementation of the Kyoto Protocol - National measures intended to limit and/or reduce greenhouse gas emissions - Failure to communicate the information required)
   2009/C 153/32
   Language of the case: French
   
      Parties
   
   
      Applicant: Commission of the European Communities (represented by: U. Wölker and J.-P. Keppenne, acting as Agents)
   
      Defendant: Grand Duchy of Luxembourg (represented by: C. Schiltz, acting as Agent)
   
      Re:
   
   Failure of a Member State to fulfil obligations — Failure to communicate, within the prescribed time-limit, the information required by Article 3(2) of Decision No 280/2004/EC of the European Parliament and of the Council of 11 February 2004 concerning a mechanism for monitoring Community greenhouse gas emissions and for implementing the Kyoto Protocol (OJ 2004 L 49, p. 1), read in conjunction with Articles 8 to 11 of Commission Decision No 2005/166/EC of 10 February 2005 laying down rules implementing Decision No 280/2004/EC (OJ 2005 L 55, p. 57) — Information relating to national projections concerning greenhouse gas emissions and measures adopted to limit and/or reduce such emissions
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Declares that, by failing to communicate the information required by 15 March 2007 under Article 3(2) of Decision No 280/2004/EC of the European Parliament and of the Council of 11 February 2004 concerning a mechanism for monitoring Community greenhouse gas emissions and for implementing the Kyoto Protocol, read in conjunction with Articles 8 to 11 of Commission Decision No 2005/166/EC of 10 February 2005 laying down rules implementing Decision No 280/2004/EC, the Grand Duchy of Luxembourg failed to fulfil its obligations under those provisions;
            
         
               2.
            
            
               Orders the Grand Duchy of Luxembourg to pay the costs.
            
         
      (1)  OJ C 285 of 8.11.2008.