29.8.2009   

EN

Official Journal of the European Union

C 205/12


Judgment of the Court (Fifth Chamber) of 9 July 2009 — Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland

(Case C-557/08) (1)

(Failure of a Member State to fulfil obligations - Directive 2005/35/EC - Ship-source pollution and introduction of penalties for infringements - Failure to transpose)

2009/C 205/22

Language of the case: English

Parties

Applicant: Commission of the European Communities (represented by: L. Lozano Palacios and A. A. Gilly, Agents)

Defendant: United Kingdom of Great Britain and Northern Ireland (represented by: H. Walker, Agent)

Re:

Failure of a Member State to fulfil obligations — Failure to adopt, within the period prescribed, the provisions necessary to comply with Directive 2005/35/EC of the European Parliament and of the Council of 7 September 2005 on ship-source pollution and on the introduction of penalties for infringements

Operative part of the judgment

The Court:

1.

Declares that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Directive 2005/35/EC of the European Parliament and of the Council of 7 September 2005 on ship-source pollution and on the introduction of penalties for infringements, the United Kingdom of Great Britain and Northern Ireland has failed to fulfil its obligations under that directive;

2.

Orders the United Kingdom of Great Britain and Northern Ireland to pay the costs.


(1)  OJ C 44, 21.2.2009.