Case C-40/07: Judgment of the Court (Eighth Chamber) of 8 November 2007 — Commission of the European Communities v Italian Republic (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)
Date: 2007-12-22
Institutions: Court of Justice
Subjects: EU environmental policy, EU programme, European Commission, Italy, action for failure to fulfil an obligation, environmental impact, national implementing measure, project evaluation

22.12.2007

EN

Official Journal of the European Union

C 315/21

Operative part of the judgment

Operative part of the judgment

Article 5 of Commission Regulation (EC) No 800/1999 of 15 April
1999 laying down common detailed rules for the application of the
system of export refunds on agricultural products, as amended by
Commission Regulation (EC) No 90/2001 of 17 January 2001,
must be interpreted as not precluding the competent customs authori-
ties from accepting an export declaration for agricultural products
which was transmitted by fax, where that
transmission took place
before loading for export transport, where the declaration transmitted
contains all the information necessary to enable physical checks to be
carried out on the goods exported and the export operation concerned
is not vitiated by any fraud or attempted fraud. Such is the case where
the goods covered by the export declaration transmitted by fax have
arrived in the third country of destination and the original declaration
subsequently transmitted is identical to the declaration transmitted by
fax. It is for the national court to ascertain whether those conditions
are satisfied in the main proceedings.

The Court:

1. Declares that, by failing to adopt, within the period prescribed, the
laws, regulations and administrative provisions necessary to comply
with Council Directive 2003/110/EC of 25 November 2003 on
assistance in cases of transit for the purposes of removal by air,
with the exception of Article 5(2) of that directive, the Kingdom of
Belgium has failed to fulfil its obligations thereunder;

2. Dismisses

the action in respect of

the

failure

to transpose

Article 5(2) of Directive 2003/110;

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

(1) OJ C 326, 30.12.2006.

(1) OJ C 69, 24.3.2007.

Judgment of the Court (Eighth Chamber) of 8 November
the European Communities v
2007 — Commission of

Kingdom of Belgium

(Case C-3/07) (1)

(Failure of a Member State to fulfil obligations — Directive
2003/110/EC — Assistance in cases of transit — Removal by
air — Failure to transpose within the period prescribed)

Judgment of the Court (Eighth Chamber) of 8 November
the European Communities v
2007 — Commission of

Italian Republic

(Case C-40/07) (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)

(2007/C 315/35)

Language of the case: French

(2007/C 315/36)

Language of the case: Italian

Parties

Parties

Applicant: Commission of the European Communities (repre-
sented by: M. Condou-Durande and R. Troosters, Agents)

Defendant: Kingdom of Belgium (represented by: S. Raskin,
Agent)

Applicant: Commission of the European Communities (repre-
sented by: D. Recchia and J.-B. Laignelot, Agents)

Italian Republic (represented by:
Defendant:
Agent, and S. Fiorentino, avvocato dello Stato)

I. M. Braguglia,

Re:

Re:

Failure of a Member State to fulfil obligations — Failure to
adopt, within the period prescribed, the measures necessary to
comply with Council Directive 2003/110/EC of 25 November
2003 on assistance in cases of
for the purposes of
removal by air (OJ 2003 L 321, p. 26)

transit

Failure of a Member State to fulfil obligations — Failure to
adopt, within the period prescribed, all the measures necessary
the European
to comply with Directive 2001/42/EC of
Parliament and of the Council of 27 June 2001 on the assess-
ment of the effects of certain plans and programmes on the
environment (OJ 2001 L 197, p. 30)

C 315/22

EN

Official Journal of the European Union

22.12.2007

Operative part of the judgment

2. Orders the Czech Republic to pay the costs.

The Court:

1. Declares that, by failing to adopt, within the period prescribed, the
laws, regulations and administrative provisions necessary to comply
with Directive 2001/42/EC of the European Parliament and of the
the effects of
Council of 27 June 2001 on the assessment of
the Italian
certain plans and programmes on the environment,
Republic has failed to fulfil its obligations under that directive;

2. Orders the Italian Republic to pay the costs.

(1) OJ C 82, 14.4.2007.

Judgment of the Court (Seventh Chamber) of 8 November
the European Communities v
2007 — Commission of

Czech Republic

(Case C-60/07) (1)

(Failure of a Member State to fulfil obligations — Directive
2004/33/EC — Technical requirements for blood and blood
to transpose within the period
components — Failure

prescribed)

(2007/C 315/37)

Language of the case: Czech

(1) OJ C 69, 24.3.2007.

Judgment of the Court (Sixth Chamber) of 8 November
the European Communities v
2007 — Commission of

French Republic

(Case C-75/07) (1)

(Failure of a Member State to fulfil obligations — Directive
2004/28/EC — Veterinary medicinal products — Failure to
transpose within the period prescribed)

(2007/C 315/38)

Language of the case: French

Parties

Applicant: Commission of the European Communities (repre-
sented by: B. Stromsky, Agent)

Defendant: French Republic (represented by: G. de Bergues and
R. Loosli-Surrans, Agents)

Parties

Re:

Applicant: Commission of the European Communities (repre-
sented by: M. Šimerdová and L. Pignataro, Agents)

Defendant: Czech Republic (represented by: T. Boček, Agent)

Re:

Failure of a Member State to fulfil obligations — Failure to
adopt, within the period prescribed, the measures necessary to
comply with Commission Directive 2004/33/EC of 22 March
2004 implementing Directive 2002/98/EC of
the European
Parliament and of
the Council as regards certain technical
requirements for blood and blood components (OJ 1998 L 91,
p. 25)

Operative part of the judgment

The Court:

1. Declares that, by failing to adopt, within the period prescribed, the
laws, regulations and administrative provisions necessary to comply
with Commission Directive 2004/33/EC of 22 March 2004
implementing Directive 2002/98/EC of the European Parliament
and of the Council as regards certain technical requirements for
blood and blood components, the Czech Republic has failed to fulfil
its obligations under that directive;

Failure of a Member State to fulfil obligations — Failure to
adopt, within the period prescribed, the measures necessary to
comply with Directive 2004/28/EC of the European Parliament
and of
the Council of 31 March 2004 amending Directive
2001/82/EC on the Community code relating to veterinary
medicinal products (OJ 2004 L 136, p. 58)

Operative part of the judgment

The Court

1. Declares that, by failing to adopt, within the period prescribed, the
laws, regulations and administrative provisions necessary to comply
with Directive 2004/28/EC of the European Parliament and of the
Council of 31 March 2004 amending Directive 2001/82/EC on
the Community code relating to veterinary medicinal products, the
French Republic has failed to fulfil its obligations under Article 3
of that directive;

2. Orders the French Republic to pay the costs.

(1) OJ C 95, 28.4.2007.