Judgment of the Court (Fifth Chamber) of 24 May 2012 — Commission v Belgium

(Case C-366/11)

‛Failure of a Member State to fulfil obligations — Environment — Directive 2000/60/EC — European Union action in the field of water policy — River basin management plans — Publication and notification to the Commission — Lack — Public information and consultation concerning the draft management plans — Lack’

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. 258 TFEU; European Parliament and Council Directive 2000/60, Arts 13(1) to (3) and 6, 14(1)(c) and 15(1)) (see para. 30)

Re:

Failure of a Member State to fulfil obligations — Failure to adopt, within the prescribed periods, the provisions necessary to comply with Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ 2000 L 327, p. 1) — Failure to prepare river basin management plans within the meaning of Article 13(2), (3) and (6) and Article 15(1) of the Directive — Public information and consultation procedure concerning the drafts of those plans — Lack.

Operative part

The Court:

1. Declares that, by not preparing, within the prescribed period, all the river basin management plans, both for river basin districts lying entirely within its territory and for international river basin districts, and by not communicating to the European Commission a copy of those plans, within the prescribed period, the Kingdom of Belgium has failed to fulfil its obligations under Article 13(2), (3) and (6) and Article 15(1) of Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy and, furthermore, that by not beginning, within the prescribed period, all the public information and consultation procedures concerning the draft river basin management plans, the Kingdom of Belgium has failed to fulfil its obligations under Article 14(1)(c) of that directive;

2. Orders the Kingdom of Belgium to pay the costs.

Judgment of the Court (Fifth Chamber) of 24 May 2012 — Commission v Belgium

(Case C-366/11)

‛Failure of a Member State to fulfil obligations — Environment — Directive 2000/60/EC — European Union action in the field of water policy — River basin management plans — Publication and notification to the Commission — Lack — Public information and consultation concerning the draft management plans — Lack’

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. 258 TFEU; European Parliament and Council Directive 2000/60, Arts 13(1) to (3) and 6, 14(1)(c) and 15(1)) (see para. 30)

Re:

Failure of a Member State to fulfil obligations — Failure to adopt, within the prescribed periods, the provisions necessary to comply with Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ 2000 L 327, p. 1) — Failure to prepare river basin management plans within the meaning of Article 13(2), (3) and (6) and Article 15(1) of the Directive — Public information and consultation procedure concerning the drafts of those plans — Lack.

Operative part

The Court:

1. Declares that, by not preparing, within the prescribed period, all the river basin management plans, both for river basin districts lying entirely within its territory and for international river basin districts, and by not communicating to the European Commission a copy of those plans, within the prescribed period, the Kingdom of Belgium has failed to fulfil its obligations under Article 13(2), (3) and (6) and Article 15(1) of Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy and, furthermore, that by not beginning, within the prescribed period, all the public information and consultation procedures concerning the draft river basin management plans, the Kingdom of Belgium has failed to fulfil its obligations under Article 14(1)(c) of that directive;