Case C-330/08: Judgment of the Court (Seventh Chamber) of 11 December 2008 — Commission of the European Communities v French Republic (Failure of a Member State to fulfil obligations — Directive 2004/35/EC — Environmental liability — Prevention and remedying of environmental damage — Failure to transpose within the period prescribed)
Date: 2008-12-11
Institutions: Court of Justice
Subjects: European Commission, France, action for failure to fulfil an obligation, environmental liability, national implementing measure, polluter pays principle, pollution control measures, prevention of pollution

7.2.2009

EN

Official Journal of the European Union

C 32/11

Judgment of the Court (Seventh Chamber) of 11 December
the European Communities v
2008 — Commission of

French Republic

(Case C-330/08) (1)

(Failure of a Member State to fulfil obligations — Directive
2004/35/EC — Environmental
liability — Prevention and
remedying of environmental damage — Failure to transpose
within the period prescribed)

Reference for a preliminary ruling from the Verwalt-
lodged
ungsgerichtshof Baden-Württemberg (Germany)
Land
v
on

9 October

2008 — Kurt Wierer
Baden-Württemberg

(Case C-445/08)

(2009/C 32/19)

Language of the case: German

(2009/C 32/18)

Referring court

Language of the case: French

Verwaltungsgerichtshof Baden-Württemberg

Parties

Parties to the main proceedings

Applicant: Kurt Wierer

Defendant: Land Baden-Württemberg

Applicant: Commission of the European Communities (repre-
sented by: G. Rozet and U. Wölker, acting as Agents)

Questions referred

Defendants: French Republic (represented by: G. de Bergues and
A. Adam, Agents)

Re:

Failure of a Member State to fulfil obligations — Failure to
adopt
the provisions necessary to comply with Directive
2004/35/CE of the European Parliament and of the Council of
21 April 2004 on environmental
liability with regard to the
prevention and remedying of environmental damage (OJ 2004
L 143, p. 56)

Operative part of the judgment

The Court:

1. Declares that, by failing to adopt the laws, regulations and admin-
istrative provisions necessary to comply with Directive 2004/35/CE
of the European Parliament and of the Council of 21 April 2004
on environmental liability with regard to the prevention and reme-
dying of environmental damage, the French Republic has failed to
fulfil its obligations under Article 19(1) of that directive;

2. Orders the French Republic to pay the costs.

(1) OJ C 272, 25.10.2008.

1. Is it contrary to the principles developed by the Court of
Justice in the judgments of 26 June 2008 (in Joined Cases
C-329/06 and C-343/06 Wiedemann and Joined Cases
C-334/06 and C-336/06 Zerche) for the national driving
licence authorities and the courts of the host Member State,
when examining compliance with the residence condition in
Article 9 of Directive 91/439/EEC (1) by the issuing Member
State at the time of issuing the driving licence, to rely, to the
disadvantage of the holder of the driving licence, on state-
ments and information which were provided by the holder
in the course of administrative procedures or court proceed-
ings and which he was obliged to provide when complying
with an obligation of cooperation under national administra-
tive law in the course of the investigation of facts relevant to
the issues of the case?

2. Should that question be answered in the negative:

Is it contrary to the principles developed by the Court of
Justice in the judgments of 26 June 2008 (in Joined Cases
C-329/06 and C-343/06 Wiedemann and Joined Cases
C-334/06 and C-336/06 Zerche) for the national driving
licence authorities and the courts of the host Member State,
when examining compliance with the residence condition in
Article 9 of Directive 91/439/EEC by the issuing Member
State at the time of issuing the driving licence,
in a case
where firm evidence exists that the condition was not met at
the time the driving licence was issued, to conduct further
investigations exclusively in the issuing Member State, for
example, with
or
employers, and to use those facts, provided that they have
evidentiary force, alone or together with information from
the issuing Member State or the holder of the driving licence
himself?

registration

authorities,

landlords,

(1) OJ L 237, p. 1.