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Judgment of the Court (Fourth Chamber) of 9 March 2006. # Commission of the European Communities v Grand Duchy of Luxemburg. # Failure of a Member State to fulfil its obligations - Directive 2001/95/EC - General product safety - Failure to transpose within the prescribed period. # Case C-310/05.
ECLI:EU:C:2006:171
62005CJ0310
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(Case C-310/05)
Failure of a Member State to fulfil obligations – Directive 2001/95/EC – General product safety – Failure to transpose within the prescribed period
Actions for failure to fulfil obligations – Examination of merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 CE) (see para. 7)
Re:
Failure by a Member State to fulfil obligations – Failure to adopt, within the prescribed period, the measures necessary to comply with Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety (OJ 2001 L 11, p. 4)
Operative part:
The Court:
1.Declares that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety, the Grand Duchy of Luxembourg has failed to fulfil its obligations under Article 21(1) of that directive;
2.Orders the Grand Duchy of Luxembourg to pay the costs.