JUDGMENT OF THE COURT

(First Chamber)

of 10 June 2004

in Case C-87/02: Commission of the European Communities v Italian Republic (1)

(Failure by a Member State to fulfil obligations - Environment - Directive 85/337/EEC - Assessment of the effects of certain public and private projects - Project ‘Lotto zero’)

(2004/C 190/02)

Language of the case: Italian

In Case C-87/02: Commission of the European Communities (Agents: M. van Beek and R. Amorosi) v Italian Republic (Agents: M. Massella Ducci Teri ) - application for a declaration that, since the Abruzzo Region failed to ascertain whether the project to construct an outer ring road at Teramo (a project known as ‘Lotto zero-Variante, tra Teramo (Italy) e Giulianova, alla strada statale SS 80’), of a type listed in Annex II to Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment (OJ 1985 L 175, p. 40), required an environmental impact assessment in accordance with Articles 5 to 10 of the Directive, the Italian Republic has failed to fulfil its obligations under Article 4(2) of that directive - the Court (First Chamber), composed of: P. Jann, President of the Chamber, A. Rosas (Rapporteur), A. La Pergola, R. Silva de Lapuerta and K. Lenaerts, Judges; D. Ruiz-Jarabo Colomer, Advocate General; R. Grass, Registrar, has given a judgment on 10 June 2004, in which it:

(1)  OJ C 109 of 4.5.2002.