Judgment of the Court (Fourth Chamber) of 28 September 2006 – Commission v Luxembourg
(Case C-353/05)
Failure of a Member State to fulfil obligations – Directive 2003/54/EC – Failure to transpose within the period prescribed
1.Acts of the institutions – Directives – Implementation by the Member States (Art. 249, third para., EC) (see para. 8)
2.Actions for failure to act – 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. 9)
Re:
| Failure of a Member State to fulfil its obligations – Failure to adopt, within the period prescribed, the provisions necessary to comply with Directive 2003/54/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in electricity and repealing Directive 96/92/EC (OJ 2003 L 176, p. 37) – Statements made with regard to decommissioning and waste management activities. |
Operative part
The Court:
1. |
| Declares that, by failing to adopt, within the period prescribed, the laws, regulations and administrative provisions necessary to comply with Directive 2003/54/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in electricity and repealing Directive 96/92/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. |