Judgment of the Court (Seventh Chamber) of 18 December 2008 – Commission v Luxembourg

(Case C-273/08)

Failure of a Member State to fulfil obligations – Directive 2001/81/EC – Atmospheric pollutants – National emission ceilings – Failure to communicate programmes for the reduction of emissions, national emission inventories and annual projections for the year 2010

Actions for failure to fulfil obligations – Examination of the 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. 8)

Re:

Operative part

The Court:

1.Declares that, by failing to communicate to the Commission of the European Communities, within the prescribed period, the programmes, inventories and annual projections for the year 2010 relating to the progressive reduction of its emissions of sulphur dioxide (SO2), nitrogen oxides (NOX), volatile organic compounds (VOC) and ammonia (NH3), the Grand Duchy of Luxembourg has failed to fulfil its obligations under Directive 2001/81/EC of the European Parliament and of the Council of 23 October 2001 on national emission ceilings for certain atmospheric pollutants;