CELEX: 62009CJ0378
Failure of a Member State to fulfil obligations
Directive 85/337/EEC
First, second and third paragraphs of Article 10a
National legislation restricting the right of action against decisions in the environmental field
Failure to transpose within the time-limit prescribed

Failure of a Member State to fulfil obligations – Infringement of the first, second and third paragraphs of Article 10a of
Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the
environment (OJ 1985 L 175, p. 40), as amended by Council Directive 97/11/EC (OJ 1997 L 73, p. 5) and Directive 2003/35/EC
of the European Parliament and of the Council (OJ 2003 L 156, p. 17) – National legislation restricting public participation
in decision‑making procedure in the environmental field.
Operative part
The Court:
1.
Declares that, by failing to adopt within the time‑limit prescribed the laws, regulations and administrative provisions necessary
to comply with the first, second and third paragraphs of Article 10a of the Council Directive 85/337/EEC of 27 June 1985 on
the assessment of the effects of certain public and private projects on the environment, as amended by Directive 2003/35/EC
of the European Parliament and of the Council of 26 May 2003, the Czech Republic has failed to fulfil its obligations under
that directive;
2.
Orders the Czech Republic to pay the costs.