# C_2006178EN.01002001.xml

| 29.7.2006 | EN | Official Journal of the European Union | C 178/20 |
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29.7.2006

EN

Official Journal of the European Union

C 178/20

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Action brought on 11 May 2006 — Commission of the European Communities v Ireland

(Case C-215/06)

(2006/C 178/32)

Language of the case: English

Parties

Applicant: Commission of the European Communities (represented by: D. Recchia and D. Lawunmi, Agents)

Applicant:

Defendant: Ireland

Defendant:

The applicant claims that the Court should:

| 1. | declare that, by failing to adopt all measures necessary to ensure that projects which are within the scope of Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment (1) either before or after modification by Directive 97/11/EC (2) are, before they are executed are in whole or in part, first considered with regard to the need for an environmental impact as assessment and, secondly, where likely to have significant effects on the environment by virtue, of their nature, size or location, made subject to an assessment with regard to their effects in accordance with Articles 5 to 10 of Directive 85/337/EEC, Ireland has failed to comply with the obligations that it has under Articles 2, 4 and 5 to 10 of Directive 85/337/EEC, and






  — | by failing to adopt all measures necessary to ensure that the development consents given for and the execution of wind-farm developments and associated works at Derrybrien, County Galway were preceded by an assessment with regard to their effects in accordance with Articles 5 to 10 of Directive 85/337/EEC, Ireland has failed to comply with the obligations that it has under Articles 2, 4 and 5 to 10 of the said Directive 85/337/EEC; |
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1.

declare that, by failing to adopt all measures necessary to ensure that projects which are within the scope of Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment (1) either before or after modification by Directive 97/11/EC (2) are, before they are executed are in whole or in part, first considered with regard to the need for an environmental impact as assessment and, secondly, where likely to have significant effects on the environment by virtue, of their nature, size or location, made subject to an assessment with regard to their effects in accordance with Articles 5 to 10 of Directive 85/337/EEC, Ireland has failed to comply with the obligations that it has under Articles 2, 4 and 5 to 10 of Directive 85/337/EEC, and

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by failing to adopt all measures necessary to ensure that the development consents given for and the execution of wind-farm developments and associated works at Derrybrien, County Galway were preceded by an assessment with regard to their effects in accordance with Articles 5 to 10 of Directive 85/337/EEC, Ireland has failed to comply with the obligations that it has under Articles 2, 4 and 5 to 10 of the said Directive 85/337/EEC;

| 2. | order Ireland to pay the costs of these proceedings. |
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2.

order Ireland to pay the costs of these proceedings.

Pleas in law and main arguments

The Commission submits that Ireland's implementation of Council directive 85/337/CEE (the Impact Assessment Directive) is and has been deficient for the following reasons:

Ireland has failed to take measures to ensure that checks are made to ascertain whether proposed works are liable to have significant effects on the environment in accordance with Article 2(1) of the Impact Assessment Directive. Ireland's legislation does not provide that those effects are assessed in accordance with Articles 5 to 10 of the directive.

The system in Ireland which allows an application for retention permission to be made after a development has been executed in whole or in part without consent undermines the preventive objectives of the Impact Assessment Directive.

The enforcement regime in Ireland does not guarantee the effectiveness of the application of the Impact Assessment Directive. Consequently Ireland has failed to fulfil its general obligation under article 249 of the Treaty to ensure that the directive is applied effectively

There have been a number of particular deficiencies in relation to the undertaking of environmental impact assessments for a wind farm at Derrybrien, County Galway, which amount to a manifest breach of the directive.

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(1)  OJ L 175, p. 40.

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(2)  OJ L 73, p. 5.

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