CELEX: 62009CJ0481
Language: en
Date: 2010-09-30
Title: Judgment of the Court (Fifth Chamber) of 30 September 2010. # European Commission v Czech Republic. # Failure of a Member State to fulfil its obligations - Environment - Directive 2006/7/EC - Bathing water quality - Failure to transpose within the prescribed period. # Case C-481/09.

Judgment of the Court (Fifth Chamber) of 30 September 2010 – Commission v Czech Republic
      (Case C‑481/09)
      Failure of a Member State to fulfil its obligations – Environment – Directive 2006/7/EC – Bathing water quality – 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. 9)
      2.                     Actions for failure to fulfil obligations – Right of the Commission to bring judicial proceedings – To be exercised at its
            discretion (Art. 226 EC) (see para. 10)
      Re: 
      
         
               Failure of a Member State to fulfil its obligations – Failure to adopt or communicate within the prescribed period the measures
                  necessary to comply with Directive 2006/7/EC of the European Parliament and of the Council of 15 February 2006 concerning
                  the management of bathing water quality and repealing Directive 76/160/EEC, (OJ 2006 L 64, p. 37).
               
            Operative part
      The Court: 
      
         
                  1.
               
               
                  
               
               
                  	Declares that, by failing to adopt, within the prescribed period, all the laws, regulations and administrative provisions
                     necessary to comply with Directive 2006/7/EC of the European Parliament and of the Council of 15 February 2006 concerning
                     the management of bathing water quality and repealing Directive 76/160/EEC, the Czech Republic has failed to fulfil its obligations
                     under that directive; 
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Orders the Czech Republic to pay the costs.