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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:
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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; |
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2. |
Orders the Czech Republic to pay the costs. |