CELEX: 62008CJ0422
Language: en
Date: 2009-06-18 00:00:00
Title: Judgment of the Court (Seventh Chamber) of 18 June 2009. # Commission of the European Communities v Republic of Austria. # 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 prescribed period. # Case C-422/08.

Judgment of the Court (Seventh Chamber) of 18 June 2009 – Commission v Austria
      (Case C‑422/08)
      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 prescribed period
      1.                     Actions for failure to fulfil obligations – Examination of the 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. 10)
      2.                     Member States – Obligations – Implementation of directives – Failure to fulfil obligations – National system pleaded as justification
            – Not permissible (Art. 226 EC) (see para. 11)
      Re: 
      
         
               Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, the measures necessary to
                  comply with Directive 2004/35/EC 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
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Declares that, by failing to adopt, within the prescribed period, the laws, regulations and administrative provisions necessary
                     in order to transpose 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, the Republic of Austria has failed to fulfil
                     its obligations under that directive;
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Orders the Republic of Austria to pay the costs.