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Case C-417/08: Judgment of the Court (Fifth Chamber) of 18 June 2009 — Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland (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)
ECLI:EU:UNKNOWN:62008CA0417
62008CA0417
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Official Journal of the European Union
C 180/22
(Case C-417/08)
(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)
2009/C 180/36
Language of the case: English
Parties
Applicant: Commission of the European Communities (represented by: A.-A. Gilly and U. Wölker, Agents)
Defendant: United Kingdom of Great Britain and Northern Ireland (represented by: S. Ossowski, Agent)
Re:
Failure of a Member State to fulfil obligations — Failure to take, within the prescribed period, the necessary measures to comply with Directive 2004/35/EC 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 143, p. 56).
Operative part of the judgment
The Court:
1.Declares that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Directive 2004/35/EC 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 United Kingdom of Great Britain and Northern Ireland has failed to fulfil its obligations under Article 19 of that directive.
2.Orders the United Kingdom of Great Britain and Northern Ireland to pay the costs.
* * *
(1) OJ C 301, 22.11.2008.