Commission v Luxembourg

Strategic Environmental Assessment

The ECJ has held that Luxembourg, by failing to take within the prescribed time the necessary legislative, regulatory and administrative measures to transpose Directive 2001/42/EC on Strategic Environmental Assessment, had failed in its obligations under that Directive.

The Commission had issued a reasoned opinion inviting Luxembourg to take the necessary measures to conform with the Directive within two months, but this was not done.

Luxembourg stated that the Directive was in the process of being transposed and that the necessary texts could be deposited with its legislature before autumn 2006, but the Court stated that because this action had been taken after the expiry of the period allowed in the reasoned opinion it could not be taken into account.

The full text of the judgement is available in French at the following link.

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