Case C-78/06: Judgment of the Court (Fifth Chamber) of 7 December 2006 — Commission of the European Communities v Grand Duchy of Luxembourg (Failure of a Member State to fulfil obligations — Directive 2002/49/EC — Assessment and management of environmental noise — Failure to transpose within the period prescribed)
Date: 2006-12-30
Institutions: Court of Justice
Subjects: European Commission, Luxembourg, action for failure to fulfil an obligation, evaluation method, national implementing measure, noise, noise pollution, noise protection, nuisance, pollution control measures

30.12.2006

EN

Official Journal of the European Union

C 331/19

Judgment of the Court (Fifth Chamber) of 7 December
the European Communities v
2006 — Commission of

Judgment of the Court (Fifth Chamber) of 7 December
the European Communities v
2006 — Commission of

Kingdom of Belgium

Grand Duchy of Luxembourg

(Case C-54/06) (1)

(Case C-78/06) (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 transpose
within the period prescribed)

(Failure of a Member State to fulfil obligations — Directive
2002/49/EC — Assessment and management of environ-
mental noise — Failure to transpose within the period
prescribed)

(2006/C 331/32)

(2006/C 331/33)

Language of the case: French

Language of the case: French

Parties

Parties

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

Applicant: Commission of the European Communities (repre-
sented by: A. Alcover San Pedro and F. Simonetti, acting as
Agents)

Defendant: Kingdom of Belgium (represented by: L. Van den
Broeck, 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 period prescribed, all the provisions necessary
to comply with Directive 2001/42/EC of the European Parlia-
ment 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)

Failure of a Member State to fulfil obligations — Failure to take,
within the period prescribed, 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 (OJ 2002 L 189, p. 12)

Operative part of the judgment

Operative part of the judgment

The Court:

The Court:

1. Declares that, by failing to adopt, within the period prescribed, all
the 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 Kingdom of Belgium has failed to fulfil its
obligations under that directive;

1. Declares that, by failing to take, within the period prescribed, 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, the
Grand Duchy of Luxembourg has failed to fulfil
its obligations
under that directive;

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

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

(1) OJ C 74, 25.3.2006.

(1) OJ C 74, 25.3.2006.