Commission of the European Communities v Grand Duchy of Luxemburg

Avis juridique important | 62000J0450 Judgment of the Court (First Chamber) of 4 October 2001. - Commission of the European Communities v Grand Duchy of Luxemburg. - Failure by a Member State to fulfil its Treaty obligations - Non-incorporation of Directive 95/46/EC. - Case C-450/00. European Court reports 2001 Page I-07069 Summary Parties Grounds Decision on costs Operative part Keywords Member States - Obligations - Implementation of directives - Failure to fulfil obligations - Justification - Not permissible(Art. ( see para. 8 ) Parties In Case C-450/00,Commission of the European Communities, represented by X. Lewis, acting as Agent, with an address for service in Luxembourg,applicant,vGrand Duchy of Luxembourg, represented by N. Mackel, acting as Agent,defendant,APPLICATION for a declaration that, by failing to bring into force, within the prescribed period, the laws, regulations and administrative provisions necessary to comply with Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ 1995 L 281, p.

31), the Grand Duchy of Luxembourg has failed to fulfil its obligations under Article 32 of that directive,THE COURT (First Chamber),composed of: M. Wathelet (Rapporteur), President of the Chamber, P. Jann and L. Sevón, Judges,Advocate General: S. Alber,Registrar: R. Grass,having regard to the report of the Judge-Rapporteur,after hearing the Opinion of the Advocate General at the sitting on 7 June 2001,gives the followingJudgment Grounds 1 By application lodged at the Registry of the Court of Justice on 7 December 2000, the Commission of the European Communities brought an action under Article 226 EC for a declaration that, by failing to bring into force, within the prescribed period, the laws, regulations and administrative provisions necessary to comply with Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ 1995 L 281, p.

3 Taking the view that Directive 95/46 had not been incorporated into Luxembourg law within the prescribed period, the Commission initiated the infringement procedure. 10 As a result it must be held that, by failing to adopt, within the pescribed period, all the laws, regulations and administrative provisions necessary to comply with Directive 95/46, the Grand Duchy of Luxembourg has failed to fulfil its obligations under Article 32 of that directive. Decision on costs Costs11 Under Article 69(2) of the Rules of Procedure, the unsuccessful party is to be ordered to pay the costs if they have been applied for in the successful party's pleadings. Since the Commission has applied for costs and the Grand Duchy of Luxembourg has been unsuccessful, the latter must be ordered to pay the costs. Operative part On those grounds,THE COURT (First Chamber)hereby:1. Declares that, by failing to adopt, within the prescribed period, all the laws, regulations and administrative provisions necessary to comply with Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, the Grand Duchy of Luxembourg has failed to fulfil its obligations under Article 32 of that directive;2. Orders the Grand Duchy of Luxembourg to pay the costs.