Judgment of the Court (Eighth Chamber) of 31 January 2008.#Commission of the European Communities v Italian Republic.#Failure of a Member State to fulfil obligations - Directive 2003/35/EC - Environment - Public participation in respect of the drawing up of certain plans and programmes - Failure to transpose within the prescribed period.#Case C-69/07.

Subject of the case

Re:

Failure of a Member State to fulfil obligations – Failure to implement, within the prescribed period, the provisions necessary to comply with Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003 providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment and amending with regard to public participation and access to justice Council Directives 85/337/EEC and 96/61/EC (OJ 2003 L 156, p. 17).

Operative part

Operative part

The Court:

1. Declares that, by failing to implement the laws, regulations and administrative provisions necessary to comply with Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003 providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment and amending with regard to public participation and access to justice Council Directives 85/337/EEC and 96/61/EC, the Italian Republic has failed to fulfil its obligations under Article 6 of the directive;

2. Orders the Italian Republic to pay the costs.