Judgment of the Court (Fifth Chamber) of 18 July 2007 – Commission v Luxembourg

(Case C‑61/07)

Failure of a Member State to fulfil obligations – Mechanism for monitoring greenhouse gas emissions – Implementation of the Kyoto Protocol

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 EC) (see para. 7)

Re:

Failure of a Member State to fulfil obligations – Failure to communicate within the prescribed period the report containing the information required 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 – Information on national projections of greenhouse gas emissions and measures taken to limit and/or reduce such emissions.

Operative part

The Court:

Declares that, by failing to communicate the information required 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, the Grand Duchy of Luxembourg has failed to fulfil its obligations under that provision.

Orders the Grand Duchy of Luxembourg to pay the costs.