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Case C-402/08: Judgment of the Court (Seventh Chamber) of 12 March 2009 — Commission of the European Communities v Republic of Slovenia (Failure of a Member State to fulfil obligations — Directive 2004/35/EC — Environmental liability with regard to the prevention and remedying of environmental damage — Failure to transpose within the period prescribed)
ECLI:EU:UNKNOWN:62008CA0402
62008CA0402
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16.5.2009
Official Journal of the European Union
C 113/13
(Case C-402/08)
(Failure of a Member State to fulfil obligations - Directive 2004/35/EC - Environmental liability with regard to the prevention and remedying of environmental damage - Failure to transpose within the period prescribed)
2009/C 113/27
Language of the case: Slovenian
Parties
Applicant: Commission of the European Communities (represented by: U. Wölker and V. Kovačič, acting as Agents)
Defendant: Republic of Slovenia (represented by: A. Vran, Agent)
Re:
Failure of a Member State to fulfil its obligations — Failure to adopt within the period prescribed the provisions necessary to comply with Directive 2004/35/CE of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage (OJ 2004 L 142, p. 56)
Operative part of the judgment
The Court:
1.Declares that, by failing to adopt, within the period prescribed, the laws, regulations and administrative provisions necessary to comply with Directive 2004/35/CE of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage, the Republic of Slovenia has failed to fulfil its obligations under that directive;
2.Orders the Republic of Slovenia to pay the costs.
* * *
(1) OJ C 285, 8.11.2008.