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6.8.2005 |
EN |
Official Journal of the European Union |
C 193/8 |
JUDGMENT OF THE COURT
(Sixth Chamber)
of 16 June 2005
in Case C-349/04: Commission of the European Communities v Grand Duchy of Luxembourg (1)
(Failure of a Member State to fulfil its obligations - Directive 2002/77/EC - Markets for electronic communications networks and services - Failure to transpose within the prescribed period)
(2005/C 193/12)
Language of the case: French
In Case C-349/04 Commission of the European Communities (Agents: E. Gippini Fournier and K. Mojzesowicz) v Grand Duchy of Luxembourg (Agent: S. Schreiner) — action under Article 226 EC for failure to fulfil obligations, brought on 13 August 2004 — the Court (Sixth Chamber), composed of A. Borg Barthet, President of the Chamber, S. von Bahr and J. Malenovský (Rapporteur), Judges; D. Ruiz-Jarabo Colomer, Advocate General; R. Grass, Registrar, gave a judgment on 16 June 2005, in which it:
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1. |
Declares that, by failing to supply the Commission of the European Communities with all the information necessary to allow it to confirm that the provisions of Commission Directive 2002/77/EC of 16 September 2002 on competition in the markets for electronic communications networks and services have been complied with, the Grand Duchy of Luxembourg has failed to fulfil its obligations under Article 9 of that directive; |
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2. |
Orders the Grand Duchy of Luxembourg to pay the costs. |