Case C-69/07: Judgment of the Court (Eighth Chamber) of 31 January 2008 — Commission of the European Communities v Italian Republic (Failure of Member State to fulfil obligations — Directive 2003/35/EC — Environment — Public participation in respect of the drawing up of certain plans and programmes — Failure to transpose within the period prescribed)
Date: 2008-01-31
Institutions: Court of Justice
Subjects: EU environmental policy, European Commission, Italy, access to the courts, action for failure to fulfil an obligation, environmental protection, national implementing measure, pollution control measures, transparency in decision-making

29.3.2008

EN

Official Journal of the European Union

C 79/7

Defendant: Kingdom of Spain (represented by: F. Díez Moreno,
Agent)

comply with Council Directive 2003/110/EC of 25 November
2003 on assistance in cases of
transit for the purposes of
removal by air (OJ 2003 L 321, p. 26)

Re:

Failure of a Member State to fulfil obligations — Failure to
adopt within the period prescribed all the measures necessary to
comply with Directive 2001/84/EC of the European Parliament
and of the Council of 27 September 2001 on the resale right
for the benefit of the author of an original work of art (OJ 2001
L 272, p. 32)

Operative part of the judgment

The Court:

1. Declares that, by failing to adopt, within the period prescribed, all
the laws, regulations and administrative provisions necessary to
comply with Directive 2001/84/EC of the European Parliament
and of the Council of 27 September 2001 on the resale right for
the benefit of the author of an original work of art, the Kingdom
of Spain has failed to fulfil its obligations under that directive;

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

Operative part of the judgment of

The Court:

1. Declares that, by failing to adopt the laws, regulations and admin-
istrative 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, the Kingdom of Spain
has failed to fulfil its obligations under that directive.

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

(1) OJ C 69 of 24.3.2006.

(1) OJ C 82, 14.4.2007.

Judgment of the Court (Eighth Chamber) of 31 January
the European Communities v
2008 — Commission of

Judgment of the Court (Eighth Chamber) of 14 February
the European Communities v
2008 — Commission of

Kingdom of Spain

(Case C-58/07) (1)

(Failure of a Member State to fulfil its obligation — Directive
2003/110/EC — Assistance in cases of
the
purposes of removal by air — Failure to transpose within the
prescribed period)

transit

for

(2008/C 79/11)

Language of the case: Spanish

Parties

Italian Republic

(Case C-69/07) (1)

(Failure of Member State to fulfil obligations — Directive
2003/35/EC — Environment — Public participation in
respect of the drawing up of certain plans and programmes —
Failure to transpose within the period prescribed)

(2008/C 79/12)

Language of the case: Italian

Parties

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

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

I.M. Braguglia,

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

Re:

Defendant: Kingdom of Spain (represented by: M.Muñoz Pérez,
acting as Agent)

Re:

Failure of a Member State to fulfil its obligations — Failure to
adopt, within the prescribed period, the provisions necessary to

Failure of a Member State to fulfil obligations — Failure to
implement, within the period prescribed, the provisions neces-
sary to comply with Directive 2003/35/EC of the European
Parliament and of the Council of 26 May 2003 providing for
public participation in respect of the drawing up of certain
relating to the environment and
plans and programmes
amending with regard to public participation and access to
justice Council Directives 85/337/EEC and 96/61/EC (OJ 2003
L 156, p. 17)

C 79/8

EN

Official Journal of the European Union

29.3.2008

Operative part of the judgment

2. Orders Mr Angelidis to bear his own costs and to pay those of the

The Court:

1. Declares that, by failing to implement the laws, regulations and
administrative provisions necessary
to comply with Directive
2003/35/EC of the European Parliament and of the Council of
26 May 2003 providing for public participation in respect of the
drawing up of certain plans and programmes relating to the envir-
onment and amending with regard to public participation and
access to justice Council Directives 85/337/EEC and 96/61/EC,
the Italian Republic has
its obligations under
Article 6 of the Directive;

failed to fulfil

2. Orders the Italian Republic to pay the costs.

(1) OJ C 82, 14.4.2007.

European Parliament.

(1) OJ C 129, 9.6.2007.

Judgment of the Court (Seventh Chamber) of 31 January
the European Communities v
2008 — Commission of

French Republic

(Case C-147/07) (1)

(Failure of a Member State to fulfil obligations — Directives
80/778/EEC and 98/83/EC — Quality of water intended for
human consumption — Maximum concentrations of nitrates
and pesticides — Incorrect application)

Judgment of the Court (Seventh Chamber) of 31 January
2008 — Angel Angelidis v European Parliament

(Case C-103/07 P) (1)

Parties

(2008/C 79/14)

Language of the case: French

(Appeal — Officials — Staff report — Single assessor —
Conditions — Consultation of preceding immediate superior
— Lack of change in post — Reasoning — Annulment —
Damages)

(2008/C 79/13)

Language of the case: French

Parties

Appellant: Angel Angelidis (represented by: E. Boigelot, avocat)

Other party to the proceedings: European Parliament (represented
by: M. Mustapha Pacha and A. Lukošiūte, acting as Agents)

Re:

Appeal against the judgment of
the Court of First Instance
(Fifth Chamber) of 5 December 2006 in Case T-416/03
Angelidis v Parliament, in which the Court rejected the applicant's
application, first, to annul his staff report for the period from
1 January to 31 December 2001 and, second, for compensation
for the harm he suffered by reason both of alleged irregularities
in the disputed staff report and of its allegedly late establish-
ment

Operative part of the judgment

The Court:

1. Dismisses the appeal;

Applicant: Commission of the European Communities (repre-
sented by: S. Pardo Quintillán, J. Hottiaux and J.-B. Laignelot,
acting as Agents)

Defendant: French Republic (represented by: G. de Bergues and S.
Gasri, acting as Agents)

Re:

Failure of a Member State to fulfil obligations — Failure to
adopt, within the prescribed period, the measures necessary to
comply with Article 4 of Council Directive 98/83/EC of
3 November 1998 on the quality of water intended for human
in certain
consumption (OJ 1998 L 330, p. 32) — Failure,
départements,
to remain within the chemical parameters laid
down in Annex I, Part B to Directive 98/83 — Nitrates and
pesticides

Operative part of the judgment

The Court:

1. Declares that, by failing to take the measures necessary to comply
with Article 4 of Council Directive 98/83/EC of 3 November
1998 on the quality of water intended for human consumption,
the French Republic has failed to fulfil its obligations under that
directive;

2. Orders the French Republic to pay the costs.

(1) OJ C 95, 28.4.2007.