Failure of a Member State to fulfil obligations Incomplete transposition Directive 85/337/EEC Assessment of the effects of certain public and private projects on the environment Determination of thresholds Size of the project
Sumário
Judgment of the Court (Sixth Chamber) of 15 October 2009.
Commission of the European Communities v Kingdom of the Netherlands.
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.
Case C-255/08.
Texto da decisão
Judgment of the Court (Sixth Chamber) of 15 October 2009 – Commission v Netherlands
(Case C‑255/08)
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
Environment – Assessment of the effects of certain projects on the environment – Directive 85/337 – Projects belonging to the classes listed in Annex II – Member States’ discretion – Limits (Council Directive 85/337, as amended by Directives 97/11 and 2003/35, Arts 2(1), 3 and 4(2) and (3), and Annexes II and III) (see paras 29-35, 39, 42-43 and operative part)
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/EC (OJ 1985 L 175, p. 40). |
Operative part
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. |