# C_2009006EN.01000201.xml

| 10.1.2009 | EN | Official Journal of the European Union | C 6/2 |
| --- | --- | --- | --- |

10.1.2009

EN

Official Journal of the European Union

C 6/2

---

Judgment of the Court (Second Chamber) of 20 November 2008 — Commission of the European Communities v Ireland

(Case C-66/06) (1)

1

(Failure of a Member State to fulfil obligations - Directive 85/337/EEC - Assessment of the effects of projects on the environment - Consent given without an assessment)

(2009/C 6/02)

Language of the case: English

Parties

Applicant: Commission of the European Communities (represented by: F. Simonetti and X. Lewis, acting as Agents, F. Louis, avocat, and C. O'Daly, Solicitor)

Applicant:

Defendant: Ireland (represented by: D. O'Hagan, acting as Agent, J. Connolly SC and G. Simons BL)

Defendant:

Intervener in support of the defendant: Republic of Poland (represented by: E. Ośniecka-Tamecka, acting as Agent)

Intervener in support of the defendant:

Re:

Failure of a Member State to fulfil obligations — Infringement of Articles 2(2) and 4(2) to (4) 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), as amended by Directive 97/11/EC of 3 March 1997 (OJ 1997 L 73, p. 5) — Consent given without an assessment

Operative part of the judgment

The Court:

| 1. | Declares that, by not adopting, in conformity with Articles 2(1) and 4(2) to (4) 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, all measures to ensure that, before consent is given, projects likely to have significant effects on the environment that belong to the categories of projects covered by point 1(a) to (c) and (f) of Annex II to that directive are made subject to a requirement for development consent and to an assessment with regard to their environmental effects in accordance with Articles 5 to 10 of the directive, Ireland has failed to fulfil its obligations under the directive; |
| --- | --- |

1.

Declares that, by not adopting, in conformity with Articles 2(1) and 4(2) to (4) 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, all measures to ensure that, before consent is given, projects likely to have significant effects on the environment that belong to the categories of projects covered by point 1(a) to (c) and (f) of Annex II to that directive are made subject to a requirement for development consent and to an assessment with regard to their environmental effects in accordance with Articles 5 to 10 of the directive, Ireland has failed to fulfil its obligations under the directive;

| 2. | Orders Ireland to pay the costs of the Commission of the European Communities; |
| --- | --- |

2.

Orders Ireland to pay the costs of the Commission of the European Communities;

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

3.

Orders the Republic of Poland to bear its own costs.

---

(1)  OJ C 108, 6.5.2006.

1

---