Judgment of the Court (Fourth Chamber) of 21 September 2006 – Commission v Luxembourg
(Case C-100/06)
Failure of a Member State to fulfil obligations – Directive 2003/66/EC – Energy labelling of household electric refrigerators, freezers and their combinations – Failure to transpose within the prescribed period
1.Member States – Obligations – Implementation of directives – Failure to fulfil obligations – Justification based on national considerations – Not permissible (Art. 226 EC) (see para. 12)
Re:
| Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, the measures necessary to comply with Commission Directive 2003/66/EC of 3 July 2003 amending Directive 94/2/EC implementing Council Directive 92/75/EEC with regard to energy labelling of household electric refrigerators, freezers and their combinations (OJ 2003 L 170, p. 10). |
Operative part
The Court:
1. |
| Declares that, by failing to adopt, within the prescribed period, the laws, regulations and administrative provisions necessary to comply with Commission Directive 2003/66/EC of 3 July 2003 amending Directive 94/2/EC implementing Council Directive 92/75/EEC with regard to energy labelling of household electric refrigerators, freezers and their combinations, 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. |