Judgment of the Court (Sixth Chamber) of 17 January 2008 – Commission v Greece
(Case C‑342/07)
Failure of a Member State to fulfil obligations – Directive 2002/91/EC – Energy policy – Energy saving – 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 EC) (see para. 6)
Re:
| Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, the measures necessary to comply with Directive 2002/91/EC of the European Parliament and of the Council of 16 December 2002 on the energy performance of buildings (OJ 2003 L 1, p. 65). |
Operative part
The Court:
1. |
| Declares that by not having adopted, within the prescribed period, the legislative, regulatory and administrative measures necessary to comply with Directive 2002/91/EC of the European Parliament and of the Council of 16 December 2002 on the energy performance of buildings, the Hellenic Republic has failed to fulfil its obligations under that directive; |
2. |
| Orders the Hellenic Republic to pay the costs. |