Case C-53/06: Action brought on  1 February 2006  by the Commission of the European Communities against the Kingdom of Spain
Date: 2006-03-25
Institutions: Court of Justice
Subjects: European Commission, Spain, access to information, action for failure to fulfil an obligation, environmental policy, national implementing measure, right to information

C 74/10

EN

Official Journal of the European Union

25.3.2006

The Commission claims that the Court should:

Pleas in law and main arguments

1. declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Direc-
tive 2001/42/EC (1) of the European Parliament and of the
Council of 27 June 2001 on the assessment of the effects of
certain plans and programmes on the environment or, in
any event, by failing to communicate those provisions to
the Commission, the Kingdom of Spain has failed to fulfil
its obligations under that directive;

2. order the Kingdom of Spain to pay the costs.

Pleas in law and main arguments

The period prescribed for transposing Directive 2003/4 into
national law expired on 14 February 2005.

(1) OJ L 41 of 14.2.2003, p. 26.
(2) OJ L 158 of 23.6.1990, p. 56.

The period prescribed for transposing Directive 2001/42 into
national law expired on 21 July 2004.

Action brought on 1 February 2006 by the Commission of
the Kingdom of
the European Communities against

(1) OJ L 197 of 21.7.2001, p. 30.

Action brought on 1 February 2006 by the Commission of
the European Communities against the Kingdom of Spain

(Case C-53/06)

(2006/C 74/18)

(Language of the case: Spanish)

Justice of

An action against the Kingdom of Spain was brought before
the European Communities on 1
the Court of
February 2006 by the Commission of the European Commu-
nities, represented by U. Wölker and S. Pardo Quintillán, acting
as Agents, with an address for service in Luxembourg.

The Commission claims that the Court should:

1. declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Direc-
tive 2003/4/EC (1) of the European Parliament and of the
Council of 28 January 2003 on pub1ic access to environ-
mental
repealing Council Directive
90/313/EEC (2) or, in any event, by failing to communicate
those provisions to the Commission, the Kingdom of Spain
has failed to fulfil its obligations under that directive;

information and

2. order the Kingdom of Spain to pay the costs.

Belgium

(Case C-54/06)

(2006/C 74/19)

(Language of the case: French)

Justice of

An action against the Kingdom of Belgium was brought before
the Court of
the European Communities on 1
February 2006 by the Commission of the European Commu-
nities, represented by J. Hottiaux and F. Simonetti, acting as
Agents, with an address for service in Luxembourg.

The Commission claims that the Court should:

1. declare that, by failing to adopt all the laws, regulations and
administrative provisions necessary to comply with Direc-
tive 2001/42/EC of the European Parliament and of the
Council of 27 June 2001 on the assessment of the effects of
certain plans and programmes on the environment (1), the
Kingdom of Belgium has failed to fulfil its obligations under
that directive;

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

Pleas in law and main arguments

The time for transposing the directive expired on 21 July 2004.
Belgium still has not adopted all the measures which come
within the powers of the Flemish Region and of the Federal
Government, or, in any event, has not informed the Commis-
sion of them.

(1) OJ L 197 of 21.07.2001, p. 30.