EN Official Journal of the European Union C 39/2

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; — 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; — 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’, the Kingdom of Spain has failed to fulfil its obligations under those provisions.

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

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

(1) OJ C 55, 7.3.2009.