Judgment — ECLI:EU:C:2007:554
Date: 2007-09-27
Language of the case: French
Court formation: Fifth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Environment
Concepts: General
Procedure: Action for failure to fulfil obligations - successful
Origin: Luxembourg

Judgment of the Court (Fifth Chamber) of 27 September 2007 - Commission of the European Communities v Grand Duchy of Luxembourg (Case C-354/06) 1 (Failure of Member State to fulfil obligations -Protection of the environment - Access to justice) Language of the case: French Parties Applicant: Commission of the European Communities (represented by: J. Hottiaux and F. Simonetti, agents, acting as Agent(s)) Defendant: Grand Duchy of Luxembourg (represented by: C. Schiltz, agent.) Re: Failure of Member State to fulfil obligations - Failure to take within the prescribed period the measures necessary to comply with 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) Operative part of the judgment The Court: 1. Declares that by failing to take in the prescribed period all the legislative regulatory and administrative measures necessary to comply with 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, the Grand Duchy of Luxembourg has failed to fulfil its obligations under that directive; 2. Orders the Grand Duchy of Luxembourg to pay the costs. ____________ 1 - OJ C 249 of 14.10.2006.