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Judgment of the Court (Seventh Chamber) of 5 February 2009. # Commission of the European Communities v Grand Duchy of Luxemburg. # Failure of a Member State to fulfil obligations - Directive 2005/29/EC - Unfair commercial practices - Failure to transpose within the period prescribed. # Case C-282/08.
ECLI:EU:C:2009:55
62008CJ0282
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(Case C‑282/08)
Failure of a Member State to fulfil obligations – Directive 2005/29/EC – Unfair commercial practices – Failure to transpose within the period prescribed
1. Member States – Obligations – Implementation of directives – Failure to fulfil obligations – National system pleaded as justification – Not permissible (Art. 226 EC) (see para. 10)
Re:
Failure of a Member State to fulfil obligations – Failure to take or communicate, within the prescribed period, the measures necessary to comply with Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’) (OJ 2005 L 149, p. 22).
Operative part
The Court:
1.Declares that, by failing to adopt, within the prescribed period, the laws, regulations and administrative provisions necessary to comply with Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’), 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.