CELEX: 62007CJ0093
Language: en
Date: 2007-09-27
Title: Judgment of the Court (Seventh Chamber) of 27 September 2007. # Commission of the European Communities v Kingdom of Belgium. # Failure of a Member State to fulfil obligations - Directive 2003/35/EC - Environment - Public participation in certain projects and programmes - Failure to transpose within the prescribed period. # Case C-93/07.

Judgment of the Court (Seventh Chamber) of 27 September 2007 – Commission v Belgium
      (Case C‑93/07)
      Failure of a Member State to fulfil obligations – Directive 2003/35/EC – Environment – Public participation in certain projects and programmes – Failure to transpose within the prescribed period
      1.                     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. 7)
      2.                     Member States – Obligations – Implementation of directives – Failure to fulfil obligations – National system pleaded as justification
            – Not permissible (Art. 226 EC) (see para. 8)
      Re:
      
         Failure of a Member State to fulfil obligations – Failure to adopt, 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
      
         
                   
               
               
                  
               
               
                  By failing to adopt, within the prescribed period, 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 Kingdom of Belgium has failed to fulfil
                     its obligations under that directive;
                  
               
            
         
                   
               
               
                  
               
               
                  The Kingdom of Belgium is ordered to pay the costs.