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Judgment of the Court (Sixth Chamber) of 17 January 2008. # Commission of the European Communities v Hellenic Republic. # Failure of a Member State to fulfil obligations - Directive 2002/91/EC - Energy policy - Energy saving - Failure to transpose within the prescribed period. # Case C-342/07.
ECLI:EU:C:2008:25
62007CJ0342
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(Case C‑342/07)
Failure of a Member State to fulfil obligations – Directive 2002/91/EC – Energy policy – Energy saving – Failure to transpose 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. 6)
Re:
Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, the measures 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 not having adopted, within the prescribed period, the legislative, regulatory and administrative measures 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 Hellenic Republic has failed to fulfil its obligations under that directive;
2.Orders the Hellenic Republic to pay the costs.