Case C-216/05: Action brought on 17 May 2005 by the Commission of the European Communities against Ireland
Date: 2005-08-06
Institutions: Court of Justice
Subjects: European Commission, Ireland, access to information, action for failure to fulfil an obligation, decision-making, environmental impact, project evaluation, tax system

C 193/10

EN

Official Journal of the European Union

6.8.2005

Does it follow from Community law (in particular from Article
7(2) of Regulation (EEC) No 1612/68 (1) of the Council on
freedom of movement for workers within the Community) that
the Federal Republic of Germany is precluded from excluding a
national of that State who lives in another Member State and is
in minor employment (between 3 and 14 hours a week) in
Germany from receiving German child-raising allowance
because she does not have a residence or habitual place of stay
in Germany?

(1) OJ, English Special Edition1968 (II), p. 475.

Pleas in law and main arguments

Irish planning law provides that participation fees can be
charged to members of the public by planning authorities and
by a planning appeals board for submitting observations or
expressing opinions in planning procedures and for submitting
observations in planning appeals. The Commission submits
that the levying of such participation fees constitutes a breach
of Directive 85/337/EEC, as amended by Directive 97/11/EEC,
on the following grounds:

— no express provision of the directive permits the levying of

such fees;

— such fees are contrary to the scheme and purpose of the

directive;

Action brought on 17 May 2005 by the Commission of
the European Communities against Ireland

— the wording of Article 6(2) and (3) of the directive does not
allow for the latitude in interpretation that Ireland seeks to
give it, and;

(Case C-216/05)

(2005/C 193/17)

(Language of the case: English)

— Ireland impedes the rights given to the public under Article

6(2) of the Directive.

(1) OJ L 175, 05.07.1985, p. 40
(2) OJ L 73, 14.03.1997, p. 5

An action against Ireland was brought before the Court of
Justice of the European Communities on 17 May 2005 by the
Commission of the European Communities, represented by Mr
Xavier Lewis, acting as Agent, with an address for service in
Luxembourg.

The applicant claims that the Court should:

— declare that by making the full and effective participation of
the public in certain environmental
impact assessments
subject to prior payment of participation fees, Ireland has
failed to comply with its obligations under Articles 6 and 8
of Council Directive 85/337/EEC of 27 June 1985 on the
the effects of certain public and private
assessment of
projects on the environment (1) as amended by Council
Directive 97/11/EEC of 3 March 1997 amending Directive
85/337/EEC on the assessment of the effects of certain
public and private projects on the environment (2),

— order Ireland to pay the costs.

Reference for a preliminary ruling from the Tribunal
Supremo by order of that court of 3 March 2005 in
Confederación Española de Empresarios de Estaciones de
Servicio v Compañía Españolas de Petróleos SA

(Case C-217/05)

(2005/C 193/18)

(Language of the case: Spanish)

Reference has been made to the Court of Justice of the Euro-
pean Communities by order of the Tribunal Supremo (Spain)
of 3 March 2005, received at the Court Registry on 17 May
2005, for a preliminary ruling in the proceedings between
Confederación Española de Empresarios de Estaciones de
Servicio and Compañía Españolas de Petróleos SA on the
following questions: