Case C-77/06: Judgment of the Court (Fifth Chamber) of 26 October 2006 — Commission of the European Communities v Grand-Duchy of Luxembourg (Failure of a Member State to fulfil obligations — Directive 2001/42/EC — Assessment of the effects of certain plans and programmes on the environment — Failure to implement within the prescribed period)
Date: 2006-12-30
Institutions: Court of Justice
Subjects: EU programme, European Commission, Luxembourg, action for failure to fulfil an obligation, environmental impact, national implementing measure, project evaluation

30.12.2006

EN

Official Journal of the European Union

C 326/19

Re:

Reference for a preliminary ruling — Cour de travail de Liège
— Interpretation of Article 39(2) EC,

and of the Council of 27 June 2001 on the assessment of the
effects of certain plans and programmes on the environment
(OJ 2001 L 197, p. 30)

Operative part of the judgment

Article 39(2) EC and Article 3(1) of Council Regulation (EEC) No
1408/71 of 14 June 1971 on the application of social security
schemes to employed persons, to self-employed persons and to members
of
their families moving within the Community, as amended and
updated by Council Regulation (EC) No 118/97 of 2 December
1996, are to be interpreted as precluding national legislation under
which the competent
the Member State of residence
denies unemployment benefits to a national of another Member State
on the ground that, on the date when the benefit claim was submitted,
the person concerned had not completed a specified period of employ-
ment in that Member State of residence, whereas there is no such
requirement for nationals of that Member State.

institution of

(1) OJ C 315, 10.12.2005.

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 to comply
with Directive 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, the Grand-
Duchy of Luxembourg has failed to fulfil its obligations under that
directive.

2. Orders the Grand-Duchy of Luxembourg to pay the costs.

(1) OJ C 74, 25.03.2006.

Judgment of the Court (Fifth Chamber) of 26 October
the European Communities v
2006 — Commission of

Grand-Duchy of Luxembourg

(Case C-77/06) (1)

(Failure of a Member State to fulfil obligations — Directive
2001/42/EC — Assessment of the effects of certain plans and
programmes on the environment — Failure to implement
within the prescribed period)

(2006/C 326/37)

Language of the case: French

Parties

Applicant: Commission of the European Communities (repre-
sented by: J. Hottiaux and F. Simonetti, Agents)

Judgment of the Court (Fourth Chamber) of 26 October
the European Communities v
2006 — Commission of

Republic of Austria

(Case C-94/06) (1)

(Failure of a Member State to fulfil obligations — Failure to
transpose — Directive 2002/49/EC)

(2006/C 326/38)

Language of the case: German

Parties

Applicant: Commission of the European Communities (repre-
sented by: A. Alcover San Pedro and B. Schima, Agents)

Defendant: Republic of Austria (represented by: E. Riedl, Agent)

Defendant: Grand-Duchy of Luxembourg (represented by: S.
Schreiner, Agent)

Re:

Re:

Failure of a Member State to fulfil obligations — Failure to
adopt, within the prescribed period, the measures necessary to
comply with Directive 2001/42/EC of the European Parliament

Failure of a Member State to fulfil obligations — Failure to
adopt within the prescribed period, the measures necessary to
comply with Directive 2002/49/EC of the European Parliament
and of the Council of 25 June 2002 relating to the assessment
and management of environmental noise — Declaration by the
Commission in the Conciliation Committee on the Directive
relating to the assessment and management of environmental
noise (OJ 2002 L 189, p.12)