CELEX: C2005/193/12
Language: en
Date: 2005-08-06 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 16 June 2005 in Case C-349/04: Commission of the European Communities v Grand Duchy of Luxembourg (Failure of a Member State to fulfil its obligations — Directive 2002/77/EC — Markets for electronic communications networks and services — Failure to transpose within the prescribed period)

6.8.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 193/8
            
         
      JUDGMENT OF THE COURT
   
   (Sixth Chamber)
   of 16 June 2005
   in Case C-349/04: Commission of the European Communities v Grand Duchy of Luxembourg (1)
   
   (Failure of a Member State to fulfil its obligations - Directive 2002/77/EC - Markets for electronic communications networks and services - Failure to transpose within the prescribed period)
   (2005/C 193/12)
   Language of the case: French
   In Case C-349/04 Commission of the European Communities (Agents: E. Gippini Fournier and K. Mojzesowicz) v Grand Duchy of Luxembourg (Agent: S. Schreiner) — action under Article 226 EC for failure to fulfil obligations, brought on 13 August 2004 — the Court (Sixth Chamber), composed of A. Borg Barthet, President of the Chamber, S. von Bahr and J. Malenovský (Rapporteur), Judges; D. Ruiz-Jarabo Colomer, Advocate General; R. Grass, Registrar, gave a judgment on 16 June 2005, in which it:
   
               1.
            
            
               Declares that, by failing to supply the Commission of the European Communities with all the information necessary to allow it to confirm that the provisions of Commission Directive 2002/77/EC of 16 September 2002 on competition in the markets for electronic communications networks and services have been complied with, the Grand Duchy of Luxembourg has failed to fulfil its obligations under Article 9 of that directive;
            
         
               2.
            
            
               Orders the Grand Duchy of Luxembourg to pay the costs.
            
         
      (1)  OJ C 239 of 25.9.2004.