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Case C-378/09: Judgment of the Court (Eighth Chamber) of 10 June 2010 — European Commission v Czech Republic (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)
ECLI:EU:UNKNOWN:62009CA0378
62009CA0378
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31.7.2010
Official Journal of the European Union
C 209/10
(Case C-378/09) (<span class="super">1</span>)
(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:
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;
2.Orders the Czech Republic to pay the costs.
(<span class="super">1</span>) OJ C 312, 19.12.2009.