30.4.2005   

EN

Official Journal of the European Union

C 106/9


JUDGMENT OF THE COURT

(Fifth Chamber)

of 24 February 2005

in Case C-383/04: Commission of the European Communities v Grand Duchy of Luxembourg (1)

(Failure of a Member State to fulfil its obligations - Directive 1999/105/EC - Marketing of forest reproductive material - Failure to implement within the period prescribed)

(2005/C 106/17)

Language of the case: French

In Case C-383/04: action under Article 226 EC for failure to fulfil obligations, brought on 6 September 2004, between Commission of the European Communities (Agent: A. Bordes) and Grand Duchy of Luxembourg (Agent: S. Schreiner) — the Court (Fifth Chamber), composed of R. Silva de Lapuerta, President of Chamber, R. Schintgen and G. Arestis (Rapporteur), Judges; C. Stix-Hackl, Advocate General; R. Grass, Registrar, has given a judgment on 24 February 2005 in which it:

1.

Declares that by failing to adopt all the laws, regulations and administrative provisions necessary to comply with Council Directive 1999/105/EC of 22 December 1999 on the marketing of forest reproductive material 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.


(1)  OJ C 262 of 23.10.2004.