CELEX: 62008CJ0255
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

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.