Court of Justice of the European Communities (including Court of First Instance Decisions)

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You are here: BAILII >> Databases >> Court of Justice of the European Communities (including Court of First Instance Decisions) >> Commission of the European Communities v Grand Duchy of Luxemburg (Judgment of the Court (Eighth Chamber)) [2009] EUECJ C-22/09 (29 October 2009)
URL: http://www.bailii.org/eu/cases/EUECJ/2009/C2209.html
Cite as: [2009] EUECJ C-22/9, ECLI:EU:C:2009:684, EU:C:2009:684, [2009] EUECJ C-22/09

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Judgment of the Court (Eighth Chamber) of 29 October 2009 – Commission v Luxembourg

(Case C‑22/09)

Failure of a Member State to fulfil obligations – Energy policy – Energy savings – Directive 2002/91/EC – Energy performance of buildings – Failure to transpose the directive within the prescribed time-limit

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. 10)

Re:

Failure of a Member State to fulfil obligations – Failure to adopt or communicate within the prescribed period all the laws, regulations and administrative provisions 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 failing to adopt all the laws, regulations and administrative provisions 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 Grand Duchy of Luxembourg has failed to fulfil its obligations under Article 15(1) of that directive;

2.

Orders the Grand Duchy of Luxembourg to pay the costs.

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