Case C-216/05: Judgment of the Court (Second Chamber) of 9 November 2006 — Commission of the European Communities v Ireland (Failure of a Member State to fulfil obligations — Assessment of the effects of certain projects on the environment — Directives 85/337/EEC and 97/11/EC — National legislation — Participation by the public in certain assessment procedures upon payment of fees)
Date: 2006-12-30
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

30.12.2006

EN

Official Journal of the European Union

C 326/13

Judgment of the Court (Second Chamber) of 9 November
the European Communities v
2006 — Commission of

Ireland

(Case C-216/05) (1)

(Failure of a Member State to fulfil obligations — Assessment
of the effects of certain projects on the environment — Direc-
tives 85/337/EEC and 97/11/EC — National legislation —
Participation by the public in certain assessment procedures
upon payment of fees)

(2006/C 326/26)

Language of the case: English

Defendant: United Kingdom of Great Britain and Northern
Ireland (represented by: S. Nwaokolo, Agent, and by D.J. Rhee,
Barrister)

Re:

Failure of a Member State to fulfil obligations — Infringement
of Article 19(i) of Council Regulation (EEC) No 2847/93 of 12
October 1993 establishing a control system applicable to the
common fisheries policy (OJ 1993 L 261, p. 1) — Failure to
provide
required thereunder within the period
prescribed

the data

Parties

Operative part of the judgment

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

The Court:

Defendant:
Murray, Senior Counsel, and G. Simons, Barrister-at-Law)

Ireland (represented by: D. O'Hagan, Agent, B.

Re:

Failure of a Member State to fulfil obligations — Breach of Arti-
cles 6 and 8 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 Directive 97/11/EC of 3 March 1997 (OJ 1997 L
73, p. 5) — National legislation giving the public the opportu-
nity to participate in certain assessment procedures on payment
of a participation fee

1. Declares that by not communicating in time the data required by
the first and third indents of Article 19i of Council Regulation
(EEC) No 2847/93 of 12 October 1993 establishing a control
system applicable to the common fisheries policy, as last amended
by Council Regulation (EC) No 1954/2003 of 4 November
2003, the United Kingdom of Great Britain and Northern Ireland
has failed to fulfil its obligations under that regulation;

2. Orders the United Kingdom of Great Britain and Northern Ireland

to pay the costs.

(1) OJ C 193, 06.08.2005.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the Commission of the European Communities to pay the

costs.

Judgment of the Court (First Chamber) of 9 November
2006 — Agraz, SA and Others v Commission of the Euro-
pean Communities

(1) OJ C 193, 06.08.2005.

(Case C-243/05 P) (1)

(Appeals — Common organisation of the markets in processed
fruit and vegetable products — Production aid for processed
tomato products — Method of calculating the amount of the
aid — Non-contractual liability of the Community — Certain
loss)

Judgment of the Court (Third Chamber) of 9 November
the European Communities v
2006 — Commission of

United Kingdom of Great Britain and Northern Ireland

(Case C-236/05) (1)

(Failure of a Member State to fulfil obligations — Regulation
(EEC) No 2847/93 — Control system in the fisheries sector
— Delay in communication of required data)

Parties

(2006/C 326/28)

Language of the case: French

(2006/C 326/27)

Language of the case: English

Parties

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

Appellants: Agraz, SA, established in Madrid (Spain), Agrícola
Conservera de Malpica, SA, established in Toledo (Spain), Agri-
doro Soc. coop. arl, established in Pontenure (Italy), Alfonso
Sellitto SpA, established in Mercato San Severino (Italy),
Alimentos Españoles, Alsat, SL, established in Don Benito,
(Spain), AR Industrie Alimentari SpA, established in Angri
(Italy), Argo Food — Packaging & Innovation Co. SA, estab-
lished in Serres (Greece), Asteris SA, established in Athens