# C_2014093EN.01000301.xml

| 29.3.2014 | EN | Official Journal of the European Union | C 93/3 |
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29.3.2014

EN

Official Journal of the European Union

C 93/3

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Judgment of the Court (Second Chamber) of 13 February 2014 — European Commission v United Kingdom of Great Britain and Northern Ireland

(Case C-530/11) (1)

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(Failure of a Member State to fulfil obligations - Public participation in decision-making and access to justice in environmental matters - Concept of ‘not prohibitively expensive’ judicial proceedings)

2014/C 93/03

Language of the case: English

Parties

Parties

Applicant: European Commission (represented by: P. Oliver and L. Armati, Agents)

Applicant:

Defendant: United Kingdom of Great Britain and Northern Ireland (represented by: C. Murrell and M. Holt, Agents, and J. Maurici, Barrister)

Defendant:

Supported by: Kingdom of Denmark (represented by: C.H. Vang, Agent), Ireland (represented by: E. Creedon and A. Joyce, Agents, and E. Barrington and G. Gilmore, Barristers)

Supported by:

Re:

Re:

Failure of a Member State to fulfil obligations — Failure to adopt the measures necessary to comply with Articles 3(7) and 4(4) of Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003 providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment and amending with regard to public participation and access to justice Council Directives 85/337/EEC and 96/61/EC (OJ 2003 L 156, p. 17) — Obligation to remove or reduce financial barriers to access to justice in environmental matters — Concept of ‘not prohibitively expensive’ judicial proceedings.

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Declares that, by failing to transpose correctly Articles 3(7) and 4(4) of Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003 providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment and amending with regard to public participation and access to justice Council Directives 85/337/EEC and 96/61/EC, inasmuch as they provide that the judicial proceedings referred to must not be prohibitively expensive, the United Kingdom of Great Britain and Northern Ireland has failed to fulfil its obligations under that directive; |
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1.

Declares that, by failing to transpose correctly Articles 3(7) and 4(4) of Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003 providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment and amending with regard to public participation and access to justice Council Directives 85/337/EEC and 96/61/EC, inasmuch as they provide that the judicial proceedings referred to must not be prohibitively expensive, the United Kingdom of Great Britain and Northern Ireland has failed to fulfil its obligations under that directive;

| 2. | Orders the United Kingdom of Great Britain and Northern Ireland to pay the costs and the Kingdom of Denmark and Ireland to bear their own costs. |
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2.

Orders the United Kingdom of Great Britain and Northern Ireland to pay the costs and the Kingdom of Denmark and Ireland to bear their own costs.

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(1)  OJ C 39, 11.2.2012.

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