Judgment of the Court (Fifth Chamber) of 10 December 2009 – Commission v United Kingdom
(Case C-187/09)
Failure of a Member State to fulfil obligations – Directive 2006/40/EC – Air conditioning in motor vehicles – Incomplete transposition
Actions for failure to fulfil obligations – Examination of the 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. 8)
Re:
| Failure of a Member State to fulfil obligations – Failure to take, within the prescribed period, the provisions necessary to comply with Directive 2006/40/EC of the European Parliament and of the Council of 17 May 2006 relating to emissions from air-conditioning systems in motor vehicles and amending Council Directive 70/156/EEC (OJ 2006 L 161, p.12). |
Operative part
The Court:
1. |
| Declares that, by failing to adopt all the laws, regulations and administrative provisions necessary to comply with Directive 2006/40/EC of the European Parliament and of the Council of 17 May 2006 relating to emissions from air-conditioning systems in motor vehicles and amending Council Directive 70/156/EEC, the United Kingdom of Great Britain and Northern Ireland has failed to fulfil its obligations under that directive; |
2. |
| Orders the United Kingdom of Great Britain and Northern Ireland to pay the costs. |