CELEX: C2005/006/36
Language: en
Date: 2005-01-08 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 18 November 2004 in Case C-79/04 Commission of the European Communities v Grand Duchy of Luxembourg (Failure of a Member State to fulfil its obligations — Directive 2002/40/EC — Failure to transpose within the prescribed period)

8.1.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 6/19
            
         
      JUDGMENT OF THE COURT
   
   (Fifth Chamber)
   of 18 November 2004
   in Case C-79/04 Commission of the European Communities v Grand Duchy of Luxembourg (1)
   
   (Failure of a Member State to fulfil its obligations - Directive 2002/40/EC - Failure to transpose within the prescribed period)
   (2005/C 6/36)
   Language of the case: French
   In Case C-79/04 Commission of the European Communities (Agents: M. Patakia and B. Schima) v Grand Duchy of Luxemboug (Agent: S. Schreiner) – action under Article 226 EC for failure to fulfil obligations, brought on 19 February 2004 – the Court (Fifth Chamber), composed of: R. Silva de Lapuerta, President of the Chamber, C. Gulmann and J. Makarczyk (Rapporteur), Judges; P. Léger, Advocate General; R. Grass, Registrar, gave a judgment on 18 November 2004, in which it:
   
               1.
            
            
               Declares that, by failing to adopt, within the prescribed period, the laws, regulations and administrative provisions necessary to comply with Commission Directive 2002/40/EC of 8 May 2002 implementing Council Directive 92/75/EEC with regard to energy labelling of household electric ovens, 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 85 of 3.4.2004.