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Judgment of the Court (Fourth Chamber) of 28 September 2006. # Commission of the European Communities v Grand Duchy of Luxemburg. # Failure of a Member State to fulfil obligations - Directive 2003/54/EC - Failure to transpose within the period prescribed. # Case C-353/05.

ECLI:EU:C:2006:621

62005CJ0353

September 28, 2006
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(Case C-353/05)

Failure of a Member State to fulfil obligations – Directive 2003/54/EC – Failure to transpose within the period prescribed

1. Acts of the institutions – Directives – Implementation by the Member States (Art. 249, third para., EC) (see para. 8)

Re:

Failure of a Member State to fulfil its obligations – Failure to adopt, within the period prescribed, the provisions necessary to comply with Directive 2003/54/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in electricity and repealing Directive 96/92/EC (OJ 2003 L 176, p. 37) – Statements made with regard to decommissioning and waste management activities.

Operative part

The Court:

1.Declares that, by failing to adopt, within the period prescribed, the laws, regulations and administrative provisions necessary to comply with Directive 2003/54/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in electricity and repealing Directive 96/92/EC, the Grand Duchy of Luxembourg has failed to fulfil its obligations under that directive;

2.Orders the Grand Duchy of Luxembourg to pay the costs.

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