Failure of a Member State to fulfil obligations Regulation (EC) No 648/2004 Article 18 Market for detergents and for surfactants for detergents Sanctions
Sumário
Judgment of the Court (Eighth Chamber) of 24 March 2009.
Commission of the European Communities v Grand Duchy of Luxemburg.
Failure of a Member State to fulfil obligations - Regulation (EC) No 648/2004 - Article 18 - Market for detergents and for surfactants for detergents - Sanctions.
Case C-184/08.
Texto da decisão
Judgment of the Court (Eighth Chamber) of 24 March 2009 – Commission v Luxembourg
(Case C‑184/08)
Failure of a Member State to fulfil obligations – Regulation (EC) No 648/2004 – Article 18 – Market for detergents and for surfactants for detergents – Sanctions
1. 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)
2. Member States – Obligations – Failure to fulfil obligations – Justification (Art. 226 EC; European Parliament and Council Regulation No 648/2004, Arts 17(4), and 18) (see para. 10)
Re:
| Failure of a Member State to fulfil obligations – Failure to adopt or communicate within the prescribed period, dissuasive, effective and proportionate sanctions for infringements of Regulation (EC) No 648/2004 of the European Parliament and of the Council of 31 March 2004 on detergents (OJ 2004 L 104, p. 1). |
Operative part
The Court:
|
1. |
Declares that, by failing to adopt, within the prescribed period, sanctions in accordance with Article 18 of Regulation (EC) No 648/2004 of the European Parliament and of the Council of 31 March 2004 on detergents, the Grand Duchy of Luxembourg has failed to fulfil its obligations under that article. |
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2. |
Orders the Grand Duchy of Luxembourg to pay the costs. |