CELEX: 62009CN0378
Language: en
Date: 2009-09-23 00:00:00
Title: Case C-378/09: Action brought on 23 September 2009 — Commission of the European Communities v Czech Republic

19.12.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 312/15
            
         Action brought on 23 September 2009 — Commission of the European Communities v Czech Republic
   (Case C-378/09)
   2009/C 312/24
   Language of the case: Czech
   
      Parties
   
   
      Applicant: Commission of the European Communities (represented by: M. Šimerdová and J.-B, Laignelot, acting as Agents)
   
      Defendant: Czech Republic
   
      Form of order sought
   
   
               —
            
            
               declare that, by failing to implement correctly in its national legislation the provisions of the first, second and third paragraphs of Article 10a of the Council Directive of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment (85/337/EEC), (1) as amended by Council Directive 97/11/EC (2) and Directive 2003/35/EC of the European Parliament and of the Council, (3) the Czech Republic has failed to fulfil its obligations under the first, second and third paragraphs of Article 10a of that directive;
            
         
               —
            
            
               order Czech Republic to pay the costs.
            
         
      Pleas in law and main arguments
   
   The period of implementing the directive into the domestic legal order expired on 25 June 2005.
   
      (1)  OJ 1985 L 175, p. 40.
   
      (2)  Council Directive 97/11/EC of 3 March 1997 amending Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment; OJ 1997 L 73, p. 5.
   
      (3)  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.