Case C-290/03: Judgment of the Court (First Chamber) of  4 May 2006  (reference for a preliminary ruling from the House of Lords (United Kingdom)) — Diane Barker v London Borough of Bromley (Directive 85/337/EEC — Assessment of the effects of certain projects on the environment — Crystal Palace development project — Projects falling within Annex II to Directive 85/337 — Grant of consent comprising more than one stage)
Date: 2006-07-15
Institutions: Court of Justice
Subjects: environmental impact, interpretation of the law, town and country planning, town-planning scheme

15.7.2006

EN

Official Journal of the European Union

C 165/1

I

(Information)

COURT OF JUSTICE

COURT OF JUSTICE

Judgment of the Court (Third Chamber) of 11 May 2006
— Commission of the European Communities v Italian
Republic

(Case C-197/03) (1)

(Failure of a Member State to fulfil obligations — Directive
69/335/EEC — Articles 10 and 12 — Indirect taxes on the
raising of capital — Principles of Community law relating to
recovery of undue payment)

making repayment of a tax held to be contrary to Community law
by a judgment of the Court, or whose incompatibility with Com-
munity law is apparent from such a judgment, subject to condi-
tions relating specifically to that tax which are less favourable than
those which would otherwise be applied to repayment of the tax in
question, the Italian Republic has failed to fulfil its obligations
under Articles 10 and 12(1)(b) of Council Directive 69/335/EEC
of 17 July 1969 concerning indirect
taxes on the raising of
capital and under the principles identified by the Court in relation
to recovery of undue payment;

(2006/C 165/01)

Language of the case: Italian

2. Dismisses the action as to the remainder;

3. Orders the Italian Republic to bear three quarters of the total costs
and the Commission of the European Communities to bear the
other quarter.

Parties

Applicant: Commission of the European Communities (repre-
sented by: E. Traversa, Agent)

(1) OJ C 171, 19.07.2003.

Defendan):
Agent, and by M.P. Gentili, lawyer)

Italian Republic (represented by:

I.M. Braguglia,

Re:

Failure of a Member State to fulfil obligations — Breach of
Article 10(c) of Council Directive 69/335/EEC of 17 July 1969
concerning indirect taxes on the raising of capital (OJ, English
Special Edition 1969(II), p. 412) — National law introducing
retrospectively flat-rate annual charges on the registration of
documents other than companies instruments of incorporation
and laying down a discriminatory and restrictive system for
reimbursement of the annual charge on registration of compa-
nies instruments of incorporation

Operative part of the judgment

The Court:

1. Declares that, by introducing retroactive charges which do not
constitute duties paid by way of permitted fees or dues where the
registrations in the register of companies for which they are
charged have already given rise to charges for which the retroactive
charges are intended to be a substitute but which are not reim-
bursed to those who have paid them, or where those retroactive
charges relate to years in which no registration in the register was
made justifying their being levied, and by adopting provisions

Referring court

House of Lords

Judgment of the Court (First Chamber) of 4 May 2006
(reference for a preliminary ruling from the House of
Lords (United Kingdom)) — Diane Barker v London
Borough of Bromley

(Case C-290/03) (1)

(Directive 85/337/EEC — Assessment of
the effects of
certain projects on the environment — Crystal Palace devel-
opment project — Projects falling within Annex II to Direc-
tive 85/337 — Grant of consent comprising more than one
stage)

(2006/C 165/02)

Language of the case: English

C 165/2

EN

Official Journal of the European Union

15.7.2006

Parties to the main proceedings

Applicant: Diane Barker

Defendant: London Borough of Bromley

Intervener: First Secretary of State

Re:

Reference for a preliminary ruling — House of Lords — Inter-
pretation of Articles 1(2) and 2(1) 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 —
No assessment before the grant of consent for a project likely
to have effects on the environment — Obligation to subject the
the
project
Crystal Palace site for leisure purposes

to subsequent assessment — Development of

Other party to the proceedings: Commission of the European
Communities (represented by: R. Lyal, Agent, and by J. Flynn
QC)

Re:

Appeal against the judgment of the Court of First Instance
(Fourth Chamber) of 9 July 2003 in Case T-224/00 Archer
Daniels Midland Company and Archer Daniels Midland Ingredients
Ltd v Commission dismissing in part an application for annul-
ment of, or a reduction in the fine imposed by, Commission
Decision 2001/418/EC of 7 June 2000 relating to a proceeding
pursuant to Article 81 of the EC Treaty and Article 53 of the
EEA Agreement (Case COMP/36.545/F3 — Amino Acids).

Operative part of the judgment

The Court:

Operative part of the judgment

1. Dismisses the appeal;

1. Classification of a decision as a ‘development consent’ within the
meaning of Article 1(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 must be carried out pursuant
to national law in a manner consistent with Community law.

2. Articles 2(1) and 4(2) of Directive 85/337 are to be interpreted
as requiring an environmental impact assessment to be carried out
if, in the case of grant of consent comprising more than one stage,
it becomes apparent, in the course of the second stage, that the
project is likely to have significant effects on the environment by
virtue inter alia of its nature, size or location.

(1) OJ C 213, 6.9.2003.

Judgment of the Court (First Chamber) of 18 May 2006 —
Archer Daniels Midland Co., Archer Daniels Midland
Ingredients Ltd v Commission of the European Commu-
nities

(Case C-397/03 P) (1)

(Appeals — Competition — Cartels — Synthetic lysine
market — Fines — Guidelines on the method of setting fines
— Non-retroactivity — Non bis in idem principle — Equal
treatment — Turnover which may be taken into account)

(2006/C 165/03)

Language of the case: English

Parties

2. Orders Archer Daniels Midland Co. and Archer Daniels Midland

Ingredients Ltd to pay the costs.

(1) OJ C 275, 15.11.2003.

Judgment of the Court (Grand Chamber) of 30 May 2006
— Commission of the European Communities v Ireland

(Case C-459/03) (1)

(Failure of a Member State to fulfil obligations — United
Nations Convention on the Law of the Sea — Part XII —
Protection and preservation of the marine environment —
Dispute-settlement system provided for under that convention
— Arbitration proceedings initiated on the basis of that
system by Ireland against the United Kingdom — Dispute
relating to the MOX plant at Sellafield (United Kingdom) —
Irish Sea — Articles 292 EC and 193 EA — Undertaking
not to submit a dispute relating to the interpretation or
application of the Treaty to a method of settlement other
than those provided for by the Treaty — Mixed agreement —
Community competence — Articles 10 EC and 192 EA —
Duty of cooperation)

(2006/C 165/04)

Language of the case: English

Parties

Applicant: Commission of the European Communities (repre-
sented by: P.J. Kuijper and B. Martenczuk, Agents)

Appellants: Archer Daniels Midland Co., Archer Daniels Midland
Ingredients Ltd (represented by: C.O. Lenz, Rechtsanwalt, E.
Batchelor, L. Martin Alegi and M. Garcia, Solicitors)

Intervener in support of the applicant: The United Kingdom of Great
Britain and Northern Ireland (represented by: C. Jackson and C.
Gibbs Agents, and by R. Plender QC)