Judgment — ECLI:EU:C:2009:449
Date: 2009-07-09
Language of the case: English
Court formation: Fifth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Environment;Transport;Pollution
Concepts: General;Defences
Procedure: Action for failure to fulfil obligations - successful
Origin: United Kingdom

Judgment of the Court (Fifth Chamber) of 9 July 2009 - Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland (Case C-557/08) 1 (Failure of a Member State to fulfil obligations - Directive 2005/35/EC - Ship-source pollution and introduction of penalties for infringements - Failure to transpose) Language of the case: English Parties Applicant: Commission of the European Communities (represented by: L. Lozano Palacios and A. A. Gilly, Agents) Defendant: United Kingdom of Great Britain and Northern Ireland (represented by: H. Walker, Agent) Re: Failure of a Member State to fulfil obligations - Failure to adopt, within the period prescribed, the provisions necessary to comply with Directive 2005/35/EC of the European Parliament and of the Council of 7 September 2005 on ship-source pollution and on the introduction of penalties for infringements Operative part of the judgment The Court: 1. Declares that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Directive 2005/35/EC of the European Parliament and of the Council of 7 September 2005 on ship-source pollution and on the introduction of penalties for infringements, 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. ____________ 1 - OJ C 44, 21.2.2009.