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Case C-331/08: Judgment of the Court (Fifth Chamber) of 24 March 2009 — Commission of the European Communities v Grand Duchy of Luxembourg (Failure of a Member State to fulfil obligations — Environmental liability — Directive 2004/35/EC — Prevention and remedying of environmental damage)
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62008CA0331
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Official Journal of the European Union
16.5.2009
C 113/13
(Case C-331/08) (<span class="super">1</span>)
(Failure of a Member State to fulfil obligations - Environmental liability - Directive 2004/35/EC - Prevention and remedying of environmental damage)
2009/C 113/25
Language of the case: French
Parties
Applicant: Commission of the European Communities (represented by: G. Rozet and U. Wölker, 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 adopt the provisions necessary to comply with Directive 2004/35/EC of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage (OJ 2004 L 143, p. 56)
Operative part of the judgment
The Court:
1.Declares that, by failing to adopt, within the period prescribed, all the laws, regulations and administrative provisions necessary to comply with Directive 2004/35/EC of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage, the Grand Duchy of Luxembourg has failed to fulfil its obligations under Article 19 of that directive;
2.orders the Grand Duchy of Luxembourg to pay the costs.
* * *
(<span class="super">1</span>) OJ C 272, 25.10.2008.