Judgment of the Court (First Chamber) of 25 September 2003.
Commission of the European Communities v Federal Republic of Germany.
C-74/02 • 62002CJ0074 • ECLI:EU:C:2003:500
- Inbound citations: 2
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- Outbound citations: 3
«(Failure of a Member State to fulfil obligations – Directive 1999/94/EC – Failure to implement within the prescribed period)»
1.. 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 by the reasoned opinion (Art. 226 EC)
2.. Actions for failure to fulfil obligations – Commission's right of action – Right exercised at the Commission's discretion (Art. 226 EC)
3.. Member States – Obligations – Implementation of directives – Failure to fulfil obligations – National system pleaded as justification – Not permissible (Art. 226 EC)
JUDGMENT OF THE COURT (First Chamber) 25 September 2003 (1)
((Failure of a Member State to fulfil obligations – Directive 1999/94/EC – Failure to implement within the prescribed period))
In Case C-74/02,
applicant,
v
defendant,
APPLICATION for a declaration that, by failing to adopt within the prescribed period the measures necessary to comply with Directive 1999/94/EC of the European Parliament and of the Council of 13 December 1999 relating to the availability of consumer information on fuel economy and CO
THE COURT (First Chamber),,
composed of: M. Wathelet (Rapporteur), President of the Chamber, P. Jann and A. Rosas, Judges,
Advocate General: J. Mischo,
having regard to the report of the Judge-Rapporteur,
having decided, after hearing the Advocate General, to proceed to judgment without an Opinion,
gives the following
Arguments of the parties
Findings of the Court
On those grounds,
THE COURT (First Chamber)
hereby:
Wathelet
Jann
Rosas
Delivered in open court in Luxembourg on 25 September 2003.
R. Grass
M. Wathelet
Registrar
President of the First Chamber
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