Judgment — ECLI:EU:C:2009:384
Date: 2009-06-18
Language of the case: English
Court formation: Fifth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Environment;Pollution
Concepts: General
Procedure: Action for failure to fulfil obligations - successful
Origin: United Kingdom

Judgment of the Court (Fifth Chamber) of 18 June 2009 – Commission v United Kingdom (Case C‑417/08) Failure of a Member State to fulfil obligations – Directive 2004/35/EC – Environmental liability with regard to the prevention and remedying of environmental damage – Failure to transpose Actions for failure to fulfil obligations – Examination of the 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. 6) Re: Failure of a Member State to fulfil obligations – Failure to take, within the prescribed period, the necessary measures to comply with Directive 2004/35/EC of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage (OJ 2004 L 143, p. 56). Operative part The Court: 1. Declares that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Directive 2004/35/EC of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage, the United Kingdom of Great Britain and Northern Ireland has failed to fulfil its obligations under Article 19 of that directive; 2. Orders the United Kingdom of Great Britain and Northern Ireland to pay the costs.