Judgment — ECLI:EU:C:2006:794
Date: 2006-12-14
Language of the case: English
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: United Kingdom

Judgment of the Court (Fifth Chamber) of 14 December 2006 – Commission v United Kingdom (Case C‑138/06) Failure of a Member State to fulfil obligations – Directive 2002/49/EC – Assessment and management of environmental noise – Non-transposition within the prescribed period Actions for failure to fulfil obligations – Examination of merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC) (see para. 7) Re: Failure of a Member State to fulfil obligations – Failure to have adopted, within the prescribed period, all the measures necessary to comply with 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 (OJ 2002 L 189, p. 12). Operative part The Court: 1. Declares that, by failing to adopt, within the prescribed period, the laws, regulations and administrative provisions necessary to comply with 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, 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.