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Judgment of the Court (Fifth Chamber) of 26 October 2006. # Commission of the European Communities v Grand Duchy of Luxemburg. # Failure of a Member State to fulfil obligations - Directive 2001/42/EC - Assessment of the effects of certain plans and programmes on the environment - Failure to implement within the prescribed period. # Case C-77/06.
ECLI:EU:C:2006:689
62006CJ0077
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(Case C-77/06)
Failure of a Member State to fulfil obligations – Directive 2001/42/EC – Assessment of the effects of certain plans and programmes on the environment – Failure to implement within the prescribed period
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, the measures necessary to comply with Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment (OJ 2001 L 197, p. 30).
Operative part
The Court:
1.Declares that, by failing to adopt, within the prescribed period, the laws, regulations and administrative provisions necessary to comply with Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment, the Grand Duchy of Luxembourg has failed to fulfil its obligations under that directive;
2.Orders the Grand Duchy of Luxembourg to pay the costs.