CELEX: 62008CJ0422
Failure of a Member State to fulfil obligations
Directive 2004/35/EC
Environmental liability
Prevention and remedying of environmental damage
Failure to transpose within the prescribed period

Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, the measures necessary to
comply with Directive 2004/35/EC of the European Parliament and of the Council of 21 April 2004 on environmental liability
with regard to the prevention and remedying of environmental damage (OJ 2004 L 143, p. 56).
Operative part
The Court:
1.
Declares that, by failing to adopt, within the prescribed period, the laws, regulations and administrative provisions necessary
in order to transpose Directive 2004/35/CE of the European Parliament and of the Council of 21 April 2004 on environmental
liability with regard to the prevention and remedying of environmental damage, the Republic of Austria has failed to fulfil
its obligations under that directive;
2.
Orders the Republic of Austria to pay the costs.