1 By application lodged at the Court Registry on 26 September 2001, the Commission of the European Communities brought an action under Article 226 EC for a declaration that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market (OJ 1998 L 123, p. 1) and, in any event, by failing to communicate them to the Commission, the Grand Duchy of Luxembourg has failed to fulfil its obligations under that directive.
2 Under Article 34 of Directive 98/8, Member States were to bring into force the laws, regulations and administrative provisions necessary to comply with it not later than 24 months after its entry into force, that is to say 14 May 2000, and forthwith to inform the Commission thereof.
3 Having received no communication from the Grand Duchy of Luxembourg on measures implementing Directive 98/8, the Commission initiated the infringement procedure. Having given the Grand Duchy of Luxembourg formal notice to submit its observations and having received no reply from the Luxembourg authorities, the Commission, on 24 January 2001, sent a reasoned opinion to that Member State requesting it to adopt the measures necessary to comply with the directive within a period of two months from the date of its notification.
4 Having received no information to the effect that the transposition of Directive 98/8 had been completed, the Commission brought the present action.
5 The Commission, pointing out the obligations incumbent on the Member States under the third paragraph of Article 249 EC, maintains that the Grand Duchy of Luxembourg was required to take all measures necessary to comply with Directive 98/8 within the prescribed period.
6 The Luxembourg Government states that the transposition of Directive 98/8 into national law is under way and should be completed shortly.
7 It is settled case-law that the question whether a Member State has failed to fulfil its obligations must be determined by reference to the situation prevailing in the Member State at the end of the period laid down in the reasoned opinion (see, in particular, Case C-147/00 Commission v France [2001] ECR I-2387, paragraph 26).
8 In the present case, it is not disputed that the Grand Duchy of Luxembourg has not adopted the measures necessary in order to comply with the reasoned opinion within the period prescribed for that purpose.
9 Accordingly, the action brought by the Commission must be regarded as well founded.
10 Consequently, it must be held that, by failing to adopt, within the prescribed period, the laws, regulations and administrative measures necessary in order to comply with Directive 98/8, the Grand Duchy of Luxembourg has failed to fulfil its obligations under that directive.