Judgment of the Court (Fifth Chamber) of 18 May 2006 – Commission v Luxembourg
(Case C-354/05)
Failure of a Member State to fulfil obligations – Directive 2003/55/EC – Internal market in natural gas
1.Acts of the institutions – Directives – Implementation by the Member States (Art. 249, third para., EC) (see para. 6)
2.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 EC) (see para. 7)
Re:
| Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, the measures necessary to comply with Directive 2003/55/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in natural gas and repealing Directive 98/30/EC (OJ 2003 L 176, p. 57). |
Operative part
The Court:
1. |
| Declares that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Directive 2003/55/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in natural gas and repealing Directive 98/30/EC, 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. |