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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. # Case C-378/09.
ECLI:EU:C:2010:337
62009CJ0378
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(Case C-378/09)
Failure of a Member State to fulfil obligations – Directive 85/337/EEC – First, second and third paragraphs of Article 10a – Assessment of the effects of certain public and private projects on the environment – National legislation restricting the right of action against decisions in the environmental field – Failure to transpose within the time-limit prescribed
Actions for failure to fulfil obligations – Examination of the 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; Council Directive 85/337, as amended by European Parliament and Council Directive 2003/35, Art. 10a) (see paras 12-15)
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
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.