Case C-376/06: Judgment of the Court (Sixth Chamber) of 24 May 2007 — Commission of the European Communities v Portuguese Republic (Failure of 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 prescribed period)
Date: 2007-07-07
Institutions: Court of Justice
Subjects: EU environmental policy, EU programme, European Commission, Portugal, action for failure to fulfil an obligation, environmental impact, national implementing measure, project evaluation

C 155/6

EN

Official Journal of the European Union

7.7.2007

Judgment of the Court (Sixth Chamber) of 24 May 2007 —
Commission of the European Communities v Portuguese
Republic

Judgment of the Court (Sixth Chamber) of 24 May 2007 —
Commission of the European Communities v Portuguese
Republic

(Case C-375/06) (1)

(Case C-376/06) (1)

(Failure of Member State to fulfil obligations — Directive
2003/105/EC — Protection of workers — Control of major-
accident hazards involving dangerous substances — Failure to
transpose within the prescribed period)

(Failure of 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 prescribed period)

(2007/C 155/09)

(2007/C 155/10)

Language of the case: Portuguese

Language of the case: Portuguese

Parties

Parties

Applicant: Commission of the European Communities (repre-
sented by: A. Caeiros and B. Schima, acting as Agents)

Applicant: Commission of the European Communities (repre-
sented by: A. Caeiros and J.-B. Laignelot, acting as Agents)

Defendant: Portuguese Republic (represented by: L. Fernandes
and F. Fraústo de Azevedo, Agents)

Defendant: Portuguese Republic (represented by: L. Fernandes
and F. Fraústo de Azevedo, Agents

Re:

Re:

Failure of Member State to fulfil obligations — Failure to take
within the prescribed period the measures necessary to comply
with Directive 2003/105/EC of the European Parliament and of
the Council of 16 December 2003 amending Council Directive
96/82/EC on the control of major-accident hazards involving
dangerous substances (OJ 2003 L 345, p. 97)

Failure of Member State to fulfil obligations — Failure to take
within the prescribed period the measures 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 (OJ 2001
L 197, p. 30)

Operative part of the judgment

The Court:

Operative part of the judgment

The Court:

1. Declares that, by not adopting, within the prescribed period, the
laws regulations and administrative provisions necessary to comply
with Article 2 of Directive 2003/105/EC of the European Parlia-
ment and of the Council of 16 December 2003 amending Council
Directive 96/82/EC on the control of major-accident hazards invol-
ving dangerous substances, the Portuguese Republic has failed to
fulfil its obligations under that directive.

1. Declares that, by not adopting, 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 Portuguese
Republic has failed to fulfil its obligations under that directive.

2. Orders the Portuguese Republic to pay the costs.

2. Orders the Portuguese Republic to pay the costs.

(1) OJ C 261, 28.10.2006.

(1) OJ C 261 of 28.10.2006.