# C_2005115EN.01000701.xml

| 14.5.2005 | EN | Official Journal of the European Union | C 115/7 |
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14.5.2005

EN

Official Journal of the European Union

C 115/7

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JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Fifth Chamber)

of 10 March 2005

in Case C-531/03: Commission of the European Communities v Federal Republic of Germany (1)

1

(Failure of a Member State to fulfil obligations - Directive 97/11/EC - Assessment of the effects of certain public and private projects on the environment - Road construction projects in certain Länder)

(2005/C 115/13)

Language of the case: German

In Case C-531/03 Commission of the European Communities (Agents: J.-C. Schieferer and F. Simonetti) v Federal Republic of Germany (Agents: C.-D. Quassowski and M. Lumma) — Action under Article 226 EC for failure to fulfil obligations, brought on 18 December 2003 — the Court (Fifth Chamber), composed of R. Silva de Lapuerta, President of the Chamber, J. Makarczyk (Rapporteur) and P. Kūris, Judges; D. Ruiz-Jarabo Colomer, Advocate General; R. Grass, Registrar, gave a judgment on 10 March 2005, in which it:

Commission of the European Communities

Federal Republic of Germany

| 1. | Declares that, by failing to transpose, within the prescribed period, Council Directive 97/11/EC of 3 March 1997 amending Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment, for the purposes of road construction projects in the Land of Rheinland-Palatinate and by permitting, in the Land of North Rhine-Westphalia, on expiry of that time-limit, development consent for road construction projects by means of a planning approval procedure without an environmental impact assessment being carried out, the Federal Republic of Germany has failed to fulfil its obligations under that directive and under Article 4, in conjunction with point 7(b) and (c) of Annex I and point 10(e) of Annex II, 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 97/11. |
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1.

Declares that, by failing to transpose, within the prescribed period, Council Directive 97/11/EC of 3 March 1997 amending Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment, for the purposes of road construction projects in the Land of Rheinland-Palatinate and by permitting, in the Land of North Rhine-Westphalia, on expiry of that time-limit, development consent for road construction projects by means of a planning approval procedure without an environmental impact assessment being carried out, the Federal Republic of Germany has failed to fulfil its obligations under that directive and under Article 4, in conjunction with point 7(b) and (c) of Annex I and point 10(e) of Annex II, 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 97/11.

| 2. | Orders the Federal Republic of Germany to pay the costs. |
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2.

Orders the Federal Republic of Germany to pay the costs.

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(1)  OJ C 59, 06.03.2004.

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