# C_2012039EN.01000201.xml

| 11.2.2012 | EN | Official Journal of the European Union | C 39/2 |
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11.2.2012

EN

Official Journal of the European Union

C 39/2

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Judgment of the Court (Fifth Chamber) of 15 December 2011 — European Commission v Kingdom of Spain

(Case C-560/08) (1)

(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 - Directive 92/43/EEC - Conservation of natural habitats - Projects for the widening and/or upgrading of the M-501 road in Spain - ZEP ES 0000056 ‘Encinares del río Alberche y río Cofio’ ZEP ES0000056 - Proposed SCI ES310005 ‘Cuenca del río Guadarrama’ and proposed SCI ES3110007 ‘Cuenca de los ríos Alberche y Cofio’)

(2012/C 39/02)

Language of the case: Spanish

Parties

Applicant: European Commission (represented by: S. Pardo Quintillàn, D. Recchia and J.-B Laignelot, acting as Agents)

Defendant: Kingdom of Spain (represented by: M. Muñoz Pérez, acting as Agent)

Intervener in support of the defendant: Republic of Poland (represented by: K. Rokicka, acting as Agent)

Re:

Failure of a Member State to fulfil obligations — Infringement of Articles 2(1), 3, 4(1) or 2, 5, 6(2), 8 and 9 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 (OJ 1985 L 175, p. 40) and Article 6(3) and (4), read in conjunction with Articles 7 and 12(1)(b) and (d) of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ 1992 L 206, p. 7), as interpreted by the judgments of the Court of Justice of 13 January 2005 in Case C-117/03 and 14 September 2006 in Case C-244/05 — Projects for the widening and/or upgrading of the M-501 road — ZEP ES 0000056 ‘Encinares del río Alberche y río Cofio’ — Proposed SCI ES 310005 ‘Cuenca del río Guadarrama’ and proposed SCI ES 3110007 ‘Cuenca de los ríos Alberche y Cofio’

Operative part of the judgment

The Court:

| 1. | Declares that, by failing to fulfil the requirements laid down:






  — | by Articles 2(1), 3, 4(1) or (2), as the case may be, and 5 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 Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003, in relation to separate projects for widening and/or upgrading sections 1, 2 and 4 of the M-501 road; |
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1.

Declares that, by failing to fulfil the requirements laid down:

—

by Articles 2(1), 3, 4(1) or (2), as the case may be, and 5 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 Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003, in relation to separate projects for widening and/or upgrading sections 1, 2 and 4 of the M-501 road;

| — | by Articles 6(2) and 8 of Directive 85/337, as amended by Directive 2003/35, as regards separate projects for widening and/or upgrading of section 2 and 4 of that road; |
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—

by Articles 6(2) and 8 of Directive 85/337, as amended by Directive 2003/35, as regards separate projects for widening and/or upgrading of section 2 and 4 of that road;

| — | by Article 9 of Directive 85/337, as amended by Directive 2003/35, in relation to separate projects for widening and/or upgrading section 1, 2 and 4 of that road; |
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—

by Article 9 of Directive 85/337, as amended by Directive 2003/35, in relation to separate projects for widening and/or upgrading section 1, 2 and 4 of that road;

| — | by Article 6(3) and (4) of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, read in conjunction with Article 7 of that directive, in relation to separate projects for widening and/or upgrading sections 1, 2 and 4 of the M-501 road, as regards special protection area ‘Encinares del río Alberche y río Cofio’; and |
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—

by Article 6(3) and (4) of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, read in conjunction with Article 7 of that directive, in relation to separate projects for widening and/or upgrading sections 1, 2 and 4 of the M-501 road, as regards special protection area ‘Encinares del río Alberche y río Cofio’; and

| — | by Article 12(1)(b) and (d) of that directive, in relation to separate projects for widening and/or upgrading section 1 of the M-501 road, as regards proposed site of Community importance ES3110005 ‘Cuenca del río Guadarrama’, and sections 2 and 4 of that road, as regards proposed site of Community importance ES3110007 ‘Cuencas de los ríos Alberche y Cofio’, |
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—

by Article 12(1)(b) and (d) of that directive, in relation to separate projects for widening and/or upgrading section 1 of the M-501 road, as regards proposed site of Community importance ES3110005 ‘Cuenca del río Guadarrama’, and sections 2 and 4 of that road, as regards proposed site of Community importance ES3110007 ‘Cuencas de los ríos Alberche y Cofio’,

the Kingdom of Spain has failed to fulfil its obligations under those provisions.

| 2. | Orders the Kingdom of Spain to pay the costs. |
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2.

Orders the Kingdom of Spain to pay the costs.

| 3. | Orders the Republic of Poland to bear its own costs. |
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3.

Orders the Republic of Poland to bear its own costs.

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(1)  OJ C 55, 7.3.2009.

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