Judgment — ECLI:EU:C:2008:682
Date: 2008-12-04
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 4 December 2008 – Commission v United Kingdom (Case C‑247/07) Failure of a Member State to fulfil obligations – Directive 2003/35/EC – Drawing up of certain plans and programmes relating to the environment – Public participation – Failure to transpose within the prescribed period 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. 5) Re: Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, all 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 The Court: 1. Declares that, by failing to adopt, within the prescribed period, the laws, regulations and administrative provisions 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 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.