Judgment of the Court (Sixth Chamber) of 24 May 2007 – Commission v Portugal
(Case C‑376/06)
Failure of a Member State to fulfil its obligations–Directive 2001/42/EC – Assessment of the effects of certain plans and programmes on the environment–Failure to transpose 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. 10)
Re:
| Failure of a Member State to fulfil its obligations – Failure to take 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 L197, p.30). |
Operative part
The Court:
1. |
| Declares that, by not adopting, 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 Portuguese Republic has failed to fulfil its obligations under that directive; |
2. |
| Orders the Portuguese Republic to pay the costs. |