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 (Fifth Chamber)) [2009] EUECJ C-331/08 (24 March 2009)
URL: http://www.bailii.org/eu/cases/EUECJ/2009/C33108.html
Cite as: EU:C:2009:185, [2009] EUECJ C-331/08, ECLI:EU:C:2009:185, [2009] EUECJ C-331/8

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Judgment of the Court (Fifth Chamber) of 24 March 2009 – Commission v Luxembourg

(Case C‑331/08)

Failure of a Member State to fulfil obligations – Environmental liability – Directive 2004/35/EC – Prevention and remedying of environmental damage

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 adopt the provisions necessary to comply with Directive 2004/35/EC of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage (OJ 2004 L 143, p. 56).

Operative part

The Court:

1.

Declares that, by failing to adopt, within the prescribed period, all the laws, regulations and administrative provisions necessary to comply with Directive 2004/35/EC of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage, the Grand Duchy of Luxembourg has failed to fulfil its obligations under Article 19 of that directive;

2.

Orders the Grand Duchy of Luxembourg to pay the costs.

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