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Failure of Member State to fulfil obligations – Directive 2003/98/EC – Re-use of public sector information – Non-transposition 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 EC) (see para. 7)
Failure of Member State to fulfil obligations – Failure to take within the prescribed period the measures necessary to comply with Directive 2003/98/EC of the European Parliament and of the Council of 17 November 2003 on the re-use of public sector information (OJ 2003 L 345, p. 90).
The Court:
Declares that by not having adopted within the prescribed period the legislative, regulatory and administrative measures necessary to comply with Directive 2003/98/EC of the European Parliament and of the Council of 17 November 2003 on the re-use of public sector information, the Grand Duchy of Luxembourg has failed to fulfil its obligations under that directive;
Orders the Grand Duchy of Luxembourg to pay the costs.