CELEX: 62007CJ0069
Language: en
Date: 2008-01-31
Title: Judgment of the Court (Eighth Chamber) of 31 January 2008. # Commission of the European Communities v Italian Republic. # Failure of a 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 prescribed period. # Case C-69/07.

Judgment of the Court (Eighth Chamber) of 31 January 2008 – Commission v Italy
      (Case C‑69/07)
      Failure of a 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 prescribed period
      Actions for failure to fulfil obligations – Examination of merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC) (see para. 9)
      Re: 
      
         
               Failure of a Member State to fulfil obligations – Failure to implement, within the prescribed period, the 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 environment and 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).
               
            Operative part
      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 environment and amending with regard to public participation and
                     access to justice Council Directives 85/337/EEC and 96/61/EC, the Italian Republic has failed to fulfil its obligations under
                     Article 6 of the directive;
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Orders the Italian Republic to pay the costs.