|
5.12.2009 |
EN |
Official Journal of the European Union |
C 297/11 |
Judgment of the Court (Sixth Chamber) of 15 October 2009 — Commission of the European Communities v Kingdom of the Netherlands
(Case C-255/08) (1)
(Failure of a Member State to fulfil obligations - Directive 85/337/EEC - Assessment of the effects of certain public and private projects on the environment - Determination of thresholds - Size of the project - Incomplete transposition)
2009/C 297/10
Language of the case: Dutch
Parties
Applicant: Commission of the European Communities (represented by: M. van Beek and J.-B. Laignelot, Agents)
Defendant: Kingdom of the Netherlands (represented by: C.M. Wissels and M. Noort, Agents)
Re:
Failure of a Member State to fulfil obligations — Incorrect transposition of Article 4(2) and (3) in conjunction with Annexes II and III of Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment, as amended by Directives 97/11/EC and 2003/35 (OJ 1985 L 175, p. 40)
Operative part of the judgment
The Court:
|
1. |
Declares that, by failing to adopt all the provisions necessary to ensure that projects likely to have significant effects on the environment are made subject to a consent procedure and to an assessment of those effects, in accordance with Article 4(2) and (3) of Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment, as amended by Council Directive 97/11/EC of 3 March 1997 and by Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003, in conjunction with Annexes II and III to Directive 85/337, the Kingdom of the Netherlands has failed to fulfil its obligations under that directive; |
|
2. |
orders the Kingdom of the Netherlands to pay the costs. |