CELEX: 62009CA0378
Language: en
Date: 2010-06-10 00:00:00
Title: Case C-378/09: Judgment of the Court (Eighth Chamber) of 10 June 2010 — European Commission v Czech Republic (Failure of a Member State to fulfil obligations — Directive 85/337/EEC — First, second and third paragraphs of Article 10a — National legislation restricting the right of action against decisions in the environmental field — Failure to transpose within the time-limit prescribed)

31.7.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 209/10
            
         Judgment of the Court (Eighth Chamber) of 10 June 2010 — European Commission v Czech Republic
   (Case C-378/09) (1)
   
   (Failure of a Member State to fulfil obligations - Directive 85/337/EEC - First, second and third paragraphs of Article 10a - National legislation restricting the right of action against decisions in the environmental field - Failure to transpose within the time-limit prescribed)
   2010/C 209/14
   Language of the case: Czech
   
      Parties
   
   
      Applicant: European Commission (represented by: M. Šimerdová and J.-B, Laignelot, acting as Agents)
   
      Defendant: Czech Republic (represented by: M. Smolek and J. Jirkalová)
   
      Re:
   
   Failure of a Member State to fulfil obligations — Infringement of the first, second and third paragraphs of Article 10a of Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment (OJ 1985 L 175, p. 40), as amended by Council Directive 97/11/EC (OJ 1997 L 73, p. 5) and Directive 2003/35/EC of the European Parliament and of the Council (OJ 2003 L 156, p. 17) — National legislation restricting public participation in decision making procedure in the environmental field.
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Declares that, by failing to adopt within the time-limit prescribed the laws, regulations and administrative provisions necessary to comply with the first, second and third paragraphs of Article 10a of the Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment, as amended by Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003, the Czech Republic has failed to fulfil its obligations under that directive;
            
         
               2.
            
            
               Orders the Czech Republic to pay the costs.
            
         
      (1)  OJ C 312, 19.12.2009.