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24.1.2009 |
EN |
Official Journal of the European Union |
C 19/3 |
Judgment of the Court (Fifth Chamber) of 4 December 2008 — Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland
(Case C-247/07) (1)
(Failure of a Member State to fulfil its obligations - Directive 2003/35/EC - Drawing up of certain plans and programmes relating to the environment - Public participation - Failure to transpose within the prescribed period)
(2009/C 19/05)
Language of the case: English
Parties
Applicant: Commission of the European Communities (represented by: M. Konstantinidis and D. Lawunmi, Agents)
Defendant: United Kingdom of Great Britain and Northern Ireland (represented by: V. Jackson, Agent)
Re:
Failure of a Member State to fulfil obligations — Failure to adopt, within the prescribed period, the measures 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 of the judgment
The Court:
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1. |
Declares that, 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 United Kingdom of Great Britain and Northern Ireland has failed to fulfil its obligations under that directive; |
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2. |
Orders the United Kingdom of Great Britain and Northern Ireland to pay the costs. |