CELEX: 62005CJ0310
Language: en
Date: 2006-03-09
Title: Judgment of the Court (Fourth Chamber) of 9 March 2006. # Commission of the European Communities v Grand Duchy of Luxemburg. # Failure of a Member State to fulfil its obligations - Directive 2001/95/EC - General product safety - Failure to transpose within the prescribed period. # Case C-310/05.

Judgment of the Court (Fourth Chamber) of 9 March 2006 – Commission v Luxembourg
      (Case C-310/05)
      Failure of a Member State to fulfil obligations – Directive 2001/95/EC – General product safety – Failure to transpose within the prescribed period
      Actions for failure to fulfil obligations – Examination of merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 CE) (see para. 7)
      Re:   
      
         
               Failure by a Member State to fulfil obligations – Failure to adopt, within the prescribed period, the measures necessary to
                  comply with Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety
                  (OJ 2001 L 11, p. 4)
               
            Operative part:
      The Court:
      
         
                  1.
               
               
                  
               
               
                  Declares that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Directive
                     2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety, the Grand Duchy of
                     Luxembourg has failed to fulfil its obligations under Article 21(1) of that directive;
                  
               
            
         
                  2.
               
               
                  
               
               
                  Orders the Grand Duchy of Luxembourg to pay the costs.