Judgment — ECLI:EU:C:2009:385
Date: 2009-06-18
Language of the case: German
Court formation: Seventh Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Environment;Pollution
Concepts: General;Defences
Procedure: Action for failure to fulfil obligations - successful
Origin: Austria

Judgment of the Court (Seventh Chamber) of 18 June 2009 - Commission of the European Communities v Republic of Austria (Case C-422/08) 1 (Failure of a Member State to fulfil obligations - Directive 2004/35/EC - Environmental liability - Prevention and remedying of environmental damage - Failure to transpose within the prescribed period) Language of the case: German Parties Applicant: Commission of the European Communities (represented by: U. Wölker and B. Schöfer, acting as Agents) Defendant: Republic of Austria (represented by: E. Riedl, acting as Agent) Re: Failure of a Member State to fulfil its obligations - Failure to adopt within the prescribed period the measures necessary to comply with Directive 2004/35/CE 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 of the judgment The Court: 1. Declares that, by failing to adopt within the prescribed period the laws, regulations and administrative provisions necessary in order to transpose Directive 2004/35/CE 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 Republic of Austria has failed to fulfil its obligations under that directive; 2. Orders the Republic of Austria to pay the costs ____________ 1 - OJ C 301 of 22.11.2008.