Judgment of the Court (Fifth Chamber) of  12 January 2006  in Case C-69/05: Commission of the European Communities v Grand Duchy of Luxembourg (Failure of a Member State to fulfil obligations — Regulation (EC) No 659/1999 — State aid in the agricultural sector — Submission of annual reports during 2000 and 2001 — Guidelines for the assessment of State aid)
Date: 2006-03-11
Institutions: Court of Justice
Subjects: European Commission, State aid, action for failure to fulfil an obligation, aid to agriculture, control of State aid, disclosure of information

11.3.2006

EN

Official Journal of the European Union

C 60/9

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Fifth Chamber)

of 12 January 2006

(Fifth Chamber)

of 12 January 2006

in Case C-37/05: Commission of the European Commu-
nities v United Kingdom of Great Britain and Northern
Ireland (1)

(Failure of a Member State to fulfil obligations — Directive
85/337/EEC, as amended by Directive 97/11/EC — Assess-
the effects of projects on the environment —
ment of

Consents granted without assessment)

in Case C-69/05: Commission of the European Commu-
nities v Grand Duchy of Luxembourg (1)

(Failure of a Member State to fulfil obligations — Regulation
(EC) No 659/1999 — State aid in the agricultural sector —
Submission of annual reports during 2000 and 2001 —
Guidelines for the assessment of State aid)

(2006/C 60/17)

(Language of the case: English)

(2006/C 60/18)

(Language of the case: French)

In Case C-37/05, Commission of the European Communities
(Agent: M. van Beek, assisted by F. Louis and A. Capobianco,
avocats) v United Kingdom of Great Britain and Northern
Ireland (Agent: C. White) — Action under Article 226 EC for
failure to fulfil obligations, brought on 31 January 2005 — the
Court (Fifth Chamber), composed of J. Makarczyk (Rapporteur),
President of the Chamber, R. Silva de Lapuerta and P. Kūris,
Judges; M. Poiares Maduro, Advocate General; R. Grass, Regis-
trar, gave a judgment on 12 January 2006, in which it:

1. Declares that, in failing to correctly transpose Articles 2(1) and 4
of Council Directive 85/337/EEC of 27 June 1985 on the assess-
ment of the effects of certain public and private projects on the
environment, as amended by Council Directive 97/11/EC of 3
March 1997, the United Kingdom of Great Britain and Northern
Ireland has failed to fulfil its obligations under that directive;

In Case C-69/05 Commission of the European Communities
(Agents: F. Clotuche-Duvieusart and A. Stobiecka-Kuik) v
Grand Duchy of Luxembourg (Agent: S. Schreiner) — action
under Article 226 EEC for failure to fulfil obligations, brought
on 11 February 2005 — the Court (Fifth Chamber), composed
of R. Silva de Lapuerta, acting for the President of the Fifth
Chamber, G. Arestis (Rapporteur) and J. Klučka,
Judges; M.
Poiares Maduro, Advocate General; R. Grass, Registrar, gave a
judgment on 12 January 2006, in which it:

1. Declares that, by failing to communicate, before 1 July 2001 and
no later than 30 June 2002, annual reports on all State aid
schemes in the agricultural sector existing during 2000 and
2001, the Grand Duchy of Luxembourg has failed to fulfil its
obligations under Article 88(1) EC and Article 21 of Council
Regulation (EC) No 659/1999 of 22 March 1999 laying down
detailed rules for the application of Article [88 EC], as imple-
mented by the Commission communication entitled ‘Community
Guidelines for State aid in the agriculture sector’, published in the
Official
the European Communities of 1 February
2000;

Journal of

2. Orders

the United Kingdom of Great Britain and Northern

Ireland to pay the costs.

2. Orders the Grand Duchy of Luxembourg to pay the costs.

(1) OJ C 82, 2.4.2005.

(1) OJ C 106 of 30.4.2005.