# C_2006165EN.01000202.xml

| 15.7.2006 | EN | Official Journal of the European Union | C 165/2 |
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15.7.2006

EN

Official Journal of the European Union

C 165/2

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Judgment of the Court (Grand Chamber) of 30 May 2006 — Commission of the European Communities v Ireland

(Case C-459/03) (1)

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(Failure of a Member State to fulfil obligations - United Nations Convention on the Law of the Sea - Part XII - Protection and preservation of the marine environment - Dispute-settlement system provided for under that convention - Arbitration proceedings initiated on the basis of that system by Ireland against the United Kingdom - Dispute relating to the MOX plant at Sellafield (United Kingdom) - Irish Sea - Articles 292 EC and 193 EA - Undertaking not to submit a dispute relating to the interpretation or application of the Treaty to a method of settlement other than those provided for by the Treaty - Mixed agreement - Community competence - Articles 10 EC and 192 EA - Duty of cooperation)

(2006/C 165/04)

Language of the case: English

Parties

Applicant: Commission of the European Communities (represented by: P.J. Kuijper and B. Martenczuk, Agents)

Applicant:

Intervener in support of the applicant: The United Kingdom of Great Britain and Northern Ireland (represented by: C. Jackson and C. Gibbs Agents, and by R. Plender QC)

Intervener in support of the applicant: The United Kingdom of Great Britain and Northern Ireland

Defendant: Ireland (represented by: R. Brady and D. O'Hagan, Agents, and by P. Sreenan and E. Fitzsimons, SC, P. Sands QC, and N. Hyland, BL)

Defendant:

Intervener in support of the defendant: Kingdom of Sweden (represented by: K. Wistrand, Agent)

Intervener in support of the defendant: Kingdom of

Re:

Failure of a Member State to fulfil obligations — Bringing of an action by Ireland against the United Kingdom before the Arbitral Tribunal established under the United Nations Convention on the Law of the Sea — Infringement of the exclusive jurisdiction of the European Court of Justice — Breach of the duty of cooperation

Operative part of the judgment

The Court:

| 1. | Declares that, by instituting dispute-settlement proceedings against the United Kingdom of Great Britain and Northern Ireland under the United Nations Convention on the Law of the Sea concerning the MOX plant located at Sellafield (United Kingdom), Ireland has failed to fulfil its obligations under Articles 10 EC and 292 EC and under Articles 192 EA and 193 EA; |
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1.

Declares that, by instituting dispute-settlement proceedings against the United Kingdom of Great Britain and Northern Ireland under the United Nations Convention on the Law of the Sea concerning the MOX plant located at Sellafield (United Kingdom), Ireland has failed to fulfil its obligations under Articles 10 EC and 292 EC and under Articles 192 EA and 193 EA;

| 2. | Orders Ireland to pay the costs; |
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2.

Orders Ireland to pay the costs;

| 3. | Orders the United Kingdom of Great Britain and Northern Ireland and the Kingdom of Sweden to bear their own respective costs. |
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3.

Orders the United Kingdom of Great Britain and Northern Ireland and the Kingdom of Sweden to bear their own respective costs.

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(1)  OJ C 7, 10.01.2004.

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