Luxembourg in dereliction of EU duties for transposing only part of directives on contained use of GMOs: judgment

Luxembourg, 16 October 2003

C-325/02, Commission of the European Communities v Grand Duchy of Luxembourg

Judgment of the Court of Justice (Second Chamber) on 16 October 2003 (link to English version when available). Full text

Failure of a Member State to fulfil obligations - Failure to transpose Directive 98/81/EC

The Court:

1. Declares that by transposing only part of Article 1 of Directive 98/81/EC of 26 October 1998 amending Directive 90/219/EEC on the contained use of genetically modified micro-organisms and Annexes IV and V to Council Directive 90/219/EEC of 23 April 1990 on the contained use of genetically modified micro-organisms in the version in Directive 98/81 , the Grand Duchy of Luxembourg has failed to fulfil its obligations under Article 2 of Directive 98/81 ;

2. Orders the Grand Duchy of Luxembourg to pay the costs.

European Court of Justice, judgment 16 October 2003