# C_2006165EN.01000301.xml

| 15.7.2006 | EN | Official Journal of the European Union | C 165/3 |
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15.7.2006

EN

Official Journal of the European Union

C 165/3

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Judgment of the Court (First Chamber) of 4 May 2006 — Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland

(Case C-508/03) (1)

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(Failure of a Member State to fulfil obligations - Admissibility - Subject-matter of the case - Jurisdiction of national courts - Action devoid of purpose - Legal certainty and legitimate expectations of developers - Directive 85/337/EEC - Assessment of the effects of certain projects on the environment - White City development project - Crystal Palace development project - Projects falling within Annex II to Directive 85/337 - Obligation to assess projects likely to have significant effects on the environment - Burden of proof - Transposition of Directive 85/337 into national law - Grant of consent comprising more than one stage)

(2006/C 165/05)

Language of the case: English

Parties

Applicant: Commission of the European Communities (represented by: F. Simonetti and X. Lewis, Agents)

Applicant:

Defendant: United Kingdom of Great Britain and Northern Ireland (represented by: K. Manji, acting as Agent, D. Elvin QC and J. Maurici, Barrister)

Defendant:

Re:

Failure of a Member State to fulfil obligations — Incorrect implementation of Articles 2(1), 4(2), 5(2) and 8 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 — Failure to carry out an impact assessment in respect of urban development projects at White City and Crystal Palace

Operative part of the judgment

The Court:

| 1. | Declares that the United Kingdom of Great Britain and Northern Ireland has failed to fulfil its obligations under Community law by incorrectly transposing into domestic law Articles 2(1) and 4(2) 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, as a result of the national rules under which, in the case of outline planning permission with a requirement of subsequent approval of the reserved matters, an assessment may be carried out only at the initial stage of granting such permission, and not at the later reserved matters stage; |
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1.

Declares that the United Kingdom of Great Britain and Northern Ireland has failed to fulfil its obligations under Community law by incorrectly transposing into domestic law Articles 2(1) and 4(2) 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, as a result of the national rules under which, in the case of outline planning permission with a requirement of subsequent approval of the reserved matters, an assessment may be carried out only at the initial stage of granting such permission, and not at the later reserved matters stage;

| 2. | Dismisses the action as to the remainder; |
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2.

Dismisses the action as to the remainder;

| 3. | Orders the Commission of the European Communities and the United Kingdom to bear their own costs. |
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3.

Orders the Commission of the European Communities and the United Kingdom to bear their own costs.

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(1)  OJ C 47, 21.2.2004.

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