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C 69/28 EN Official Journal of the European Union 21.3.


4. If the answer to Question 3 is affirmative: Are Articles 2(14) Pleas in law and main arguments
and 15a of Directive 96/61 to be interpreted as meaning
that national requirements can be laid down with regard to
the right to judicial review, with the result that a locally The adoption of a sectoral prohibition against driving lorries
established environmental protection association which has a with a total weight of more than 7.5 tonnes, loaded with
right to participate in the decision-making procedures in certain goods, on the A12 motorway must be regarded as
respect of projects which may have significant effects on the constituting a measure having equivalent effect to a quantitative
environment in the area where the association is active does restriction and is thus incompatible with Articles 28 EC
not — since it has fewer members than the minimum and 29 EC. The disputed measure is neither appropriate nor
number laid down in national law — have a right of appeal necessary to achieve the improvement in air quality on the A12
such as is referred to in Article 15a of Directive 96/61? required by Community law as it is not properly focused and
does not take less restrictive measures, such as, for instance,
permanent speed restrictions or emissions-dependent prohibi-
(1) Council Directive 85/337/EEC of 27 June 1985 on the assessment of tions on driving, into consideration. Furthermore, the defendant
the effects of certain public and private projects on the environment has not proved that there is a suitable alterative to road trans-
(OJ 1985 L 175, p. 40). port.
(2) Council Directive 96/61/EC of 24 September 1996 concerning inte-
grated pollution prevention and control (OJ 1996 L 257, p. 26).

Action brought on 30 January 2009 — Commission of the

Action brought on 21 January 2009 — Commission of the European Communities v Italian Republic
European Communities v Republic of Austria

(Case C-42/09)
(Case C-28/09)

(2009/C 69/52)
(2009/C 69/51)

Language of the case: Italian

Language of the case: German


Applicant: Commission of the European Communities (repre-
sented by: L. Lozano Palacios and E. Vesco, acting as Agents)
Applicant: Commission of the European Communities (repre-
sented by: P. Oliver, A. Alcover San Pedro and B. Schima, acting
as Agents) Defendant: Italian Republic

Defendant: Republic of Austria

Form of order sought

— Declare that, by failing to adopt the laws, regulations and

Form of order sought
administrative provisions necessary to comply with Directive
2005/45/EC (1) of the European Parliament and of the
Council of 7 September 2005 on the mutual recognition of
— declare that, by prohibiting lorries with a total weight of seafarers' certificates issued by the Member States and
more than 7.5 tonnes, carrying certain goods, from being amending Directive 2001/25/EC and, in any event, by failing
driven on a section of the A12 motorway, the Republic of to notify the Commission thereof, the Italian Republic has
Austria has failed to fulfil its obligations under Articles 28 EC failed to fulfil its obligations under Article 5 of that direc-
and 29 EC; tive.

— order the Republic of Austria to pay the costs. — order the Italian Republic to pay the costs.