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Judgment of the Court (Seventh Chamber) of 25 March 2010. # European Commission v Hellenic Republic. # Failure of Member State to fulfil obligations - Ecodesign requirements for energy-using products - Failure to transpose within the prescribed period. # Case C-169/09.
ECLI:EU:C:2010:172
62009CJ0169
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(Case C-169/09)
Failure of a Member State to fulfil obligations – Ecodesign requirements for energy-using products – Failure to transpose within the prescribed period
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. 11)
Re:
Failure of a Member State to fulfil obligations – Failure to take, within the prescribed period, the provisions necessary to comply with Directive 2005/32/EC of the European Parliament and of the Council of 6 July 2005 establishing a framework for the setting of ecodesign requirements for energy-using products and amending Council Directive 92/42/EEC and Directives 96/57/EC and 2000/55/EC of the European Parliament and of the Council (OJ 2005 L 191, p. 29).
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 2005/32/EC of the European Parliament and of the Council of 6 July 2005 establishing a framework for the setting of ecodesign requirements for energy-using products and amending Council Directive 92/42/EEC and Directives 96/57/EC and 2000/55/EC of the European Parliament and of the Council, the Hellenic Republic has failed to fulfil its obligations under that directive;
2.Orders the Hellenic Republic to pay the costs.