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Case C-390/08: Judgment of the Court (Seventh Chamber) of 14 May 2009 — Commission of the European Communities v Grand Duchy of Luxembourg (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)
ECLI:EU:UNKNOWN:62008CA0390
62008CA0390
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Official Journal of the European Union
(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)
2009/C 153/32
Language of the case: French
Parties
Applicant: Commission of the European Communities (represented by: U. Wölker and J.-P. Keppenne, acting as Agents)
Defendant: Grand Duchy of Luxembourg (represented by: C. Schiltz, acting as Agent)
Re:
Failure of a Member State to fulfil obligations — Failure to communicate, within the prescribed time-limit, 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, 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 — Information relating to national projections concerning greenhouse gas emissions and measures adopted to limit and/or reduce such emissions
Operative part of the judgment
The Court:
1.Declares that, by failing to communicate the information required by 15 March 2007 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.
* Language of the case: French.
* * *
(1) OJ C 285 of 8.11.2008.