# C_2011179EN.01001202.xml

| 18.6.2011 | EN | Official Journal of the European Union | C 179/12 |
| --- | --- | --- | --- |

18.6.2011

EN

Official Journal of the European Union

C 179/12

---

Action brought on 14 April 2011 — European Commission v Republic of Malta

(Case C-178/11)

2011/C 179/23

Language of the case: English

Parties

Parties

Applicant: European Commission (represented by: A. Alcover San Pedro, K. Mifsud-Bonnici, Agents)

Applicant:

Defendant: Republic of Malta

Defendant:

The applicant claims that the Court should:

The applicant claims that the Court should:

| — | Declare that, by failing to establish strategic noise maps in respect of the major roads and agglomeration identified by Malta in its report under the second subparagraph of Article 7(1) of Directive 2002/49/EC (1), to make them available and disseminate them to the public, and to send the information from these strategic noise maps to the Commission, Malta has failed to fulfil its obligations under the first subparagraph of Article 7(1), Article 9(1) and Article 10(2) of Directive 2002/49/EC of the European Parliament and of the Council of 25 June relating to the assessment and management of environmental noise; and |
| --- | --- |

—

Declare that, by failing to establish strategic noise maps in respect of the major roads and agglomeration identified by Malta in its report under the second subparagraph of Article 7(1) of Directive 2002/49/EC (1), to make them available and disseminate them to the public, and to send the information from these strategic noise maps to the Commission, Malta has failed to fulfil its obligations under the first subparagraph of Article 7(1), Article 9(1) and Article 10(2) of Directive 2002/49/EC of the European Parliament and of the Council of 25 June relating to the assessment and management of environmental noise; and

1

| — | order Republic of Malta to pay the costs. |
| --- | --- |

—

order Republic of Malta to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

According to the report that Malta submitted in 2006 pursuant to the second subparagraph of article 7(1) of the directive, 1 agglomeration as well as 43 major roads within Malta's territory fall within the scope of the directive. It follows that strategic noise maps for this agglomeration as well as for the major roads in question should have been established by 30 June 2007 and should have been made available and disseminated to the public. Additionally, information from these strategic noise maps and summaries of the local action plans should have been sent to the Commission by 30 December 2007.

It is apparent that to date, due to internal obstacles relating to national tendering procedures, Malta has failed to fulfil its obligations to make strategic noise maps for the agglomeration and the major roads in question, to make available and disseminate the strategic noise maps to the public and to communicate the relevant information to the Commission.

---

(1)  Directive 2002/49/EC of the European Parliament and of the Council of 25 June 2002 relating to the assessment and management of environmental noise — Declaration by the Commission in the Conciliation Committee on the Directive relating to the assessment and management of environmental noise

1

OJ L 189, p. 12

---