Judgment of the Court (Sixth Chamber) of 5 July 2007 – Commission v Austria
(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:
1. |
| 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. |
2. |
| The Republic of Austria is ordered to pay the costs. |