Order — ECLI:EU:C:2011:145
Date: 2011-03-10
Language of the case: Spanish
Court formation: Eighth Chamber
Subject matter: Environment;Approximation of laws
Procedure: Action for failure to fulfil obligations - inadmissible
Origin: Spain

Order of the Court (Eighth Chamber) of 10 March 2011 – Transportes y Excavaciones J. Asensi v Spain (Case C-540/10) Action brought by a natural or legal person against a Member State – Clear lack of jurisdiction of the Court) Procedure – Action brought by a natural or legal person against a Member State seeking a declaration that the latter has failed to fulfil its obligations under Union law, for an order that that Member State should amend its domestic legislation or for suspension of the operation of a decision made by one of its courts or tribunals – Clear lack of jurisdiction of the Union judicature – Inadmissibility (Art. 13(2) TEU; Rules of Procedure of the Court of Justice, Art. 92(1)) (see paras 5-6) Re: Failure of a Member State to fulfil its obligations – Incorrect transposition by the Kingdom of Spain 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 (OJ 1985 L 175, p. 40) – Action brought by an individual. Operative part 1. It is clear that the Court of Justice of the European Union lacks jurisdiction to hear and determine this application. 2. Transportes y Excavaciones J. Asensi SL is ordered to bear its own costs.