Judgment of the Court (Third Chamber) of 24 June 2004 in Case C-421/02: Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland (Failure of a Member State to fulfil obligations — Directive 85/337/EEC — Incomplete transposition)
Date: 2004-08-07
Institutions: Court of Justice
Subjects: Northern Ireland, United Kingdom, action for failure to fulfil an obligation, environmental impact, industrial project, national implementing measure, private sector, project evaluation, public sector

7.8.2004

EN

Official Journal of the European Union

C 201/5

2. Dismisses the remainder of the action;

3. Orders the Kingdom of the Netherlands to bear, in addition to its

own costs, three quarters of the Commission's costs;

by Council Directive 97/11/EC of 3 March 1997, in relation to
projects listed in Annex II, paragraph 1(c), to the Directive and by
failing to notify the measures taken to implement that provision in
England and Wales, the United Kingdom has failed to fulfil its
obligations under that directive;

4. Orders the Commission, as to the remainder of the action to bear

its own costs.

2. Orders the United Kingdom to pay the costs.

(1) OJ C 323, 21.12.2002.

(1) OJ C 7, 11.1.2002.

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Third Chamber)

of 24 June 2004

(Fifth Chamber)

of 22 June 2004

in Case C-421/02: Commission of the European Commu-
nities v United Kingdom of Great Britain and Northern
Ireland (1)

in Case C-439/02: Commission of the European Commu-
nities v French Republic (1)

(Failure of a Member State to fulfil obligations — Directive
85/337/EEC — Incomplete transposition)

(Failure of a Member State to fulfil its obligations — Mari-
time Transport — Directive 95/21/EC — Maritime safety —
Port State control of vessels — Insufficient number of inspec-
tions)

(2004/C 201/08)

(Language of the case: English)

(2004/C 201/09)

(Language of the case: French)

In Case C-421/02: Commission of the European Communities
(Agent: X. Lewis) v United Kingdom of Great Britain and
Northern Ireland (Agent: P. Ormond) — application for a
declaration that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Article 4(2)
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
Council Directive 97/11/EC of 3 March 1997 (OJ 1997 L 73,
p. 5), in relation to projects listed in Annex II, paragraph 1(b)
and 1(c), to that directive, or, in any event, by failing to notify
such provisions to the Commission, the United Kingdom of
Great Britain and Northern Ireland has failed to fulfil its obliga-
tions under that directive — the Court
(Third Chamber),
composed of: A. Rosas, President of the Chamber, R. Schintgen
and N. Colneric (Rapporteur), Judges; D. Ruiz-Jarabo Colomer,
Advocate General; R. Grass, Registrar, has given a judgment on
24 June 2004, in which it:

1. Declares that, by failing to adopt

in Scotland and Northern
Ireland the laws, regulations and administrative provisions neces-
sary
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

comply with Article 4(2)

to

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

least 25 % of

inspections corresponding to at

In Case C-439/02: Commission of the European Communities
(Agents: K. Simonsson and W. Wils ) v French Republic
(Agents: G. de Bergues and P. Boussaroque ) — application for
a declaration that, by failing to carry out a total number of
the
annual
number of individual vessels which entered its ports in 1999
and 2000, the French Republic has failed to fulfil its obligations
under Article 5(1) of Council Directive 95/21/EC of 19 June
1995 concerning the enforcement, in respect of shipping using
Community ports and sailing in the waters under the jurisdic-
tion of the Member States, of international standards for ship
safety, pollution prevention and shipboard living and working
conditions (port State control) (OJ 1995 L 157, p. 1), — the
Court (Fifth Chamber), composed of: C. Gulmann, President of
the Chamber, S. von Bahr and R. Silva de Lapuerta (Rappor-
teur), Judges; F.G. Jacobs, Advocate General; R. Grass, Registrar,
has given a judgment on 22 June 2004, in which it: