Judgment of the Court (Sixth Chamber) of 19 November 2002 in Case C-319/01: Commission of the European Communities v Kingdom of Belgium (Failure by a Member State to fulfil its obligations — Assessment of the effects of certain projects on the environment — Directive 97/11/EC)
Date: 2003-01-11
Institutions: Court of Justice
Subjects: Belgium, European Commission, action for failure to fulfil an obligation, environmental impact, environmental protection, project evaluation

C 7/6

EN

Official Journal of the European Communities

11.1.2003

(Agents: G. de Bergues and D. Colas): Application for a
declaration that, by failing in sufficient measure to classify as
special protection areas the territories most suitable for the
conservation of the species of wild bird referred to in Annex I
to Council Directive 79/409/EEC of 2 April 1979 on the
conservation of wild birds (OJ 1979 L 103, p. 1), as amended
by Commission Directive 97/49/EC of 29 July 1997 (OJ 1997
L 223, p. 9), and of migratory species, and, in particular, by
failing to classify a sufficiently large area of land on the Plaine
des Maures (France) as a special protection area, the French
Republic has failed to comply with its obligations under the
Directive and has failed to fulfil its obligations under the EC
Treaty,
of:
J.-P. Puissochet, President of the Chamber, C. Gulmann (Rap-
porteur), F. Macken, N. Colneric and J.N. Cunha Rodrigues,
Judges; S. Alber, Advocate General; R. Grass, Registrar, has
given a judgment on 26 November 2002, in which it:

(Sixth Chamber),

the Court

composed

1. Declares that, by not in sufficient measure classifying as special
protection areas the territories most suitable for the conservation
of the species of wild bird referred to in Annex I to Council
Directive 79/409/EEC of 2 April 1979 on the conservation of
wild birds, as amended by Commission Directive 97/49/EC of
29 July 1997, and of migratory species, and, in particular, by
not classifying a sufficiently large area of the Plaine des Maures
(France) as a special protection area, the French Republic has
failed to comply with its obligations under Article 4(1) and (2)
of that directive;

2. Orders the French Republic to pay the costs.

( 1) OJ C 212 of 28.7.2001.

JUDGMENT OF THE COURT

(Sixth Chamber)

of 19 November 2002

in Case C-319/01: Commission of the European Communi-
ties v Kingdom of Belgium (1)

(Failure by a Member State to fulfil
its obligations —
Assessment of the effects of certain projects on the environ-
ment — Directive 97/11/EC)

(2003/C 7/10)

(Language of the case: French)

(Agents: initially F. van de Craen, and, subsequently, A. Snoecx):
Application for a declaration that, by failing to adopt the laws,
regulations and administrative provisions necessary to comply
with 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 (OJ
1997 L 73, p. 5) or, alternatively, by failing to communicate
them to the Commission, the Kingdom of Belgium has failed
to fulfil its obligations under that directive, the Court (Sixth
Chamber), composed of: J.-P. Puissochet (Rapporteur), Presi-
dent of the Chamber, R. Schintgen, V. Skouris, F. Macken and
J.N. Cunha Rodrigues, Judges; C. Stix-Hackl, Advocate General;
R. Grass, Registrar, has given a judgment on 19 November
2002, in which it:

1. Declares that, by failing to bring into force within the
period prescribed all the laws, regulations and administrative
provisions necessary to comply with 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, the Kingdom of Belgium has failed to fulfil
its obligations under that directive.

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

(1) OJ C 289 of 13.10.2001.

ORDER OF THE COURT

(Fourth Chamber)

of 5 November 2002

in Case C-204/01 (reference for a preliminary ruling from
the Verwaltungsgerichtshof): Tilmann Klett v Bundes-
ministerin für Bildung, Wissenschaft und Kultur (1)

(Article 104(3) of the Rules of Procedure — Freedom to
provide services — Directives 78/686/EEC and 93/16/EEC
— Mutual recognition of diplomas, certificates and other
evidence of formal qualifications — Access to training as a
dental practitioner — Act of Accession of the Republic of
Austria)

(2003/C 7/11)

(Language of the case: German)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-319/01, Commission of the European Communities
(Agents: G. zur Hausen and J. Adda) v Kingdom of Belgium

In Case C-204/01 P: reference to the Court under Article 234
EC from the Verwaltungsgerichtshof (Austria) for a preliminary
ruling in the proceedings pending before that court between