Failure to transpose within the prescribed period Failure of a Member State to fulfil its obligations Directive 2001/95/EC General product safety
Sumário
Judgment of the Court (Fourth Chamber) of 9 March 2006.
Commission of the European Communities v Grand Duchy of Luxemburg.
Failure of a Member State to fulfil its obligations - Directive 2001/95/EC - General product safety - Failure to transpose within the prescribed period.
Case C-310/05.
Texto da decisão
Judgment of the Court (Fourth Chamber) of 9 March 2006 – Commission v Luxembourg
(Case C-310/05)
Failure of a Member State to fulfil obligations – Directive 2001/95/EC – General product safety – 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 CE) (see para. 7)
Re:
| Failure by a Member State to fulfil obligations – Failure to adopt, within the prescribed period, the measures necessary to comply with Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety (OJ 2001 L 11, p. 4) |
Operative part:
The Court:
|
1. |
Declares that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety, the Grand Duchy of Luxembourg has failed to fulfil its obligations under Article 21(1) of that directive; |
|
2. |
Orders the Grand Duchy of Luxembourg to pay the costs. |