24.11.2007   

EN

Official Journal of the European Union

C 283/4


Judgment of the Court (Seventh Chamber) of 27 September 2007 — Commission of the European Communities v Kingdom of Belgium

(Case C-93/07) (1)

(Failure of a Member State to fulfil obligations - Directive 2003/35/EC - Environment - Public participation in certain projects and programmes - Failure to transpose within the prescribed period)

(2007/C 283/06)

Language of the case: French

Parties

Applicant: Commission of the European Communities (represented by: M. Konstantinidis and J.-B. Laignelot, Agents)

Defendant: Kingdom of Belgium (represented by: D. Haven, Agent)

Re:

Failure of a Member State to fulfil obligations — Failure to adopt, within the prescribed period, the 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/EC and 96/61/EC (OJ 2003 L 156, p. 17)

Operative part of the judgment

1.

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 Kingdom of Belgium has failed to fulfil its obligations under that Directive;

2.

The Kingdom of Belgium is ordered to pay the costs.


(1)  OJ C 95, 28.4.2007.