ENVIRONMENT: ITALY FOUND GUILTY.
The Court of Justice of the European Communities, on 31 January, condemned Italy for failure to fulfil its obligations in response to the appeal introduced by the European Commission for failure to respect Directive 2003/35/EC providing for public participation in drawing up certain plans and projects relating to the environment (Case C-69/07). The Commission reproaches Italy for not having transposed the regulatory and administrative measures of the directive into national law within the specified time period, i.e. by 25 June 2005 at the latest. The Commission addressed a reasoned opinion to Rome on 13 December giving it two months to comply with EU legislation. Rome replied on 16 May 2006 evoking the transmission, on 12 May 2006, of a decree transposing Directive 2003/35/EC. The Commission feels that the text has not only arrived too late but is also incomplete, justifying its referral to the ECJ.