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Judgment of the Court (Sixth Chamber) of 5 July 2007. # Commission of the European Communities v Republic of Austria. # Failure of a Member State to fulfil obligations - Directive 2003/4/EC - Public access to environmental information - Failure to transpose within the period prescribed. # Case C-340/06.
ECLI:EU:C:2007:416
62006CJ0340
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(Case C‑340/06)
Failure of a Member State to fulfil obligations – Directive 2003/4/EC – Public access to environmental information – Failure to transpose within the period prescribed
Actions for failure to fulfil obligations – Examination of merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC) (see para. 6)
Re:
Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, all the measures necessary to comply with Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC (OJ 2003 L 41, p. 26).
Operative part:
By not adopting within the period prescribed all the laws, regulations and administrative provisions necessary to transpose Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC, the Republic of Austria has failed to fulfil its obligations under that directive.
The Republic of Austria is ordered to pay the costs.