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Judgment of the Court (Seventh Chamber) of 14 May 2009. # Commission of the European Communities v Grand Duchy of Luxemburg. # Failure of a Member State to fulfil obligations - Environment - Decision No 280/2004/EC - Implementation of the Kyoto Protocol - National measures intended to limit and/or reduce greenhouse gas emissions - Failure to communicate the information required. # Case C-390/08.
ECLI:EU:C:2009:313
62008CJ0390
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(Case C‑390/08)
Failure of a Member State to fulfil obligations – Environment – Decision No 280/2004/EC – Implementation of the Kyoto Protocol – National measures intended to limit and/or reduce greenhouse gas emissions – Failure to communicate the information required
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. 9)
Re:
Failure of a Member State to fulfil obligations – Failure to communicate, within the prescribed period, the information required by Article 3(2) of Decision No 280/2004/EC of the European Parliament and of the Council of 11 February 2004 concerning a mechanism for monitoring Community greenhouse gas emissions and for implementing the Kyoto Protocol (OJ 2004 L 49, p. 1), read in conjunction with Articles 8 to 11 of Commission Decision No 2005/166/EC of 10 February 2005 laying down rules implementing Decision No 280/2004/EC (OJ 2005 L 55, p. 57) – Information relating to national projections concerning greenhouse gas emissions and measures adopted to limit and/or reduce such emissions.
Operative part
The Court:
1.Declares that, by failing to communicate, by 15 March 2007, the information required under Article 3(2) of Decision No 280/2004/EC of the European Parliament and of the Council of 11 February 2004 concerning a mechanism for monitoring Community greenhouse gas emissions and for implementing the Kyoto Protocol, read in conjunction with Articles 8 to 11 of Commission Decision No 2005/166/EC of 10 February 2005 laying down rules implementing Decision No 280/2004/EC, the Grand Duchy of Luxembourg failed to fulfil its obligations under those provisions;
2.Orders the Grand Duchy of Luxembourg to pay the costs.