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Case C-509/08: Action brought on 21 November 2008 — Commission of the European Communities v Grand Duchy of Luxembourg
ECLI:EU:UNKNOWN:62008CN0509
62008CN0509
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7.2.2009
EN
Official Journal of the European Union
C 32/18
(Case C-509/08)
(2009/C 32/29)
Language of the case: French
Parties
Applicant: Commission of the European Communities (represented by: J. Sénéchal and I. Hadjiyiannis, acting as Agents)
Defendant: Grand Duchy of Luxembourg
Form of order sought
—Declare that by failing to adopt the laws, regulations and administrative provisions necessary to comply with Directive 2004/108/EC of the European Parliament and of the Council of 15 December 2004 on the approximation of the laws of the Member States relating to electromagnetic compatibility and repealing Directive 89/336/EEC, and in any event, by not communicating them to the Commission, the Grand Duchy of Luxembourg has failed to fulfil its obligations under that directive;
—Order the Grand Duchy of Luxembourg to pay the costs.
Pleas in law and main arguments
The period for transposing Directive 2004/108/EC expired on 20 January 2007. At the date the present action was brought, the defendant had not yet adopted the necessary implementing measures or, in any event, it had not yet communicated them to the Commission.
* * *
(<span class="super">1</span>) OJ 2004 L 390, p. 24.