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Case C-282/08: Judgment of the Court (Seventh Chamber) of 5 February 2009 — Commission of the European Communities v Grand Duchy of Luxembourg (Failure of a Member State to fulfil obligations — Directive 2005/38/EC — Unfair commercial practices — Failure to transpose within the period prescribed)
ECLI:EU:UNKNOWN:62008CA0282
62008CA0282
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4.4.2009
Official Journal of the European Union
C 82/8
(Case C-282/08)
(Failure of a Member State to fulfil obligations - Directive 2005/38/EC - Unfair commercial practices - Failure to transpose within the period prescribed)
(2009/C 82/14)
Language of the case: French
Parties
Applicant: Commission of the European Communities (represented by: W. Roels and W. Wils, acting as Agents)
Defendant: Grand Duchy of Luxembourg (represented by: C. Schiltz, Agent)
Re:
Failure of a Member State to fulfil its obligations — Failure to adopt or notify, within the prescribed period, the 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’) (OJ 2005 L 149, p. 22)
Operative part of the judgment
The Court:
1.Declares that, by failing to adopt, within the period prescribed, 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.
(<span class="super">1</span>) OJ C 209, 15.8.2008.