Language of document : ECLI:EU:C:2009:385





Judgment of the Court (Seventh Chamber) of 18 June 2009 – Commission v Austria

(Case C‑422/08)

Failure of a Member State to fulfil obligations – Directive 2004/35/EC – Environmental liability – Prevention and remedying of environmental damage – Failure to transpose within the prescribed period

1.                     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) (see para. 10)

2.                     Member States – Obligations – Implementation of directives – Failure to fulfil obligations – National system pleaded as justification – Not permissible (Art. 226 EC) (see para. 11)

Re:

Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, the measures 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 (OJ 2004 L 143, p. 56).

Operative part

The Court:

1.

Declares that, by failing to adopt, within the prescribed period, the laws, regulations and administrative provisions necessary in order to transpose 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 Austria has failed to fulfil its obligations under that directive;

2.

Orders the Republic of Austria to pay the costs.