Case C-255/08: Action brought on 13 June 2008 — Commission of the European Communities v Kingdom of the Netherlands
Date: 2008-06-13
Institutions: Court of Justice
Subjects: European Commission, Netherlands, action for failure to fulfil an obligation, environmental impact, environmental protection, national implementing measure, project evaluation

C 223/26

EN

Official Journal of the European Union

30.8.2008

Action brought on 13 June 2008 — Commission of the
European Communities v Kingdom of the Netherlands

has failed to apply all the criteria in Annex III to all projects
in Annex II.

(Case C-255/08)

(2008/C 223/40)

Language of the case: Dutch

(1) OJ 1985 L 175, p. 40.
(2) OJ 1997 L 73, p. 5.
(3) OJ 2003 L 156, p. 17.

Parties

Applicant: Commission of the European Communities (repre-
sented by: M. van Beek and J.-B. Laignelot, Agents)

Defendant: Kingdom of the Netherlands

Form of order sought

Reference for a preliminary ruling from the Hoge Raad der
Nederlanden, lodged on 18 June 2008 — Ladbrokes Betting
& Gaming Ltd and Ladbrokes International Ltd v Stichting
de Nationale Sporttotalisator

(Case C-258/08)

(2008/C 223/41)

Language of the case: Dutch

necessary

provisions

— Declare that, by failing to adopt the laws, regulations and
comply with
administrative
Article 4(2) and (3) in conjunction with Annexes II and III
of Council Directive 85/337/EEC (1) of 27 June 1985 on the
assessment of
the effects of certain public and private
projects on the environment, as amended by Directives
97/11/EC (2) and 2003/35/EC (3),

to

Referring court

Hoge Raad der Nederlanden

Parties to the main proceedings

— order the Kingdom of the Netherlands to pay the costs.

Appellants: Ladbrokes Betting & Gaming Ltd and Ladbrokes
International Ltd

Pleas in law and main arguments

1. According to Article 249, third paragraph, EC a directive is
binding, as to the result to be achieved, upon each Member
State to which it is addressed, but leaves to the national
authorities the choice of form and methods.

2. The Member States must also adopt the necessary measures
in order to implement directives in national law within the
prescribed period and to inform the Commission of those
measures.

3. In the present case, Article 3(1) of Directive 97/11/EC
provides that the Member States are to bring into force the
necessary provisions
to comply with the directive by
14 March 1999 at the latest and to notify the Commission
forthwith thereof. However, the Netherlands has failed to do
so.

the Netherlands has failed to adopt

4. On the basis of the above the Commission must conclude
the necessary
that
measures to correctly implement Article 4(2) and (3)
in
conjunction with Annexes II and III of Directive 85/337/EEC,
as amended by Directives 97/11 and 2003/35/EC, in that it

Respondent: Stichting de Nationale Sporttotalisator

Questions referred

1. Does a restrictive national gaming policy which is aimed at
channelling the propensity to gamble and which in fact
contributes to the achievement of the objectives pursued by
the national legislation in question, namely, the curbing of
gambling addiction and the prevention of fraud, inasmuch
as, by reason of the regulated offer of games of chance,
participation in gambling activities occurs on a (much)
more limited scale than would be the case if there were no
national regulatory system, satisfy the condition set out in
the European
the case-law of
Communities, particularly
in Case
C-243/01 Gambelli and Others [2003] ECR I-13031, that
such restrictions must limit betting activities in a consistent
and systematic manner, even where the licence holder/s is/
are permitted to make the games of chance which it/they
offer/s attractive by introducing new games, to bring the
games which it/they offer/s to the notice of a wide public
by means of advertising and thereby to keep (potential)
gamblers away from the unlawful offer of games of chance
(see Joined Cases C-338/04, C-359/04 and C-360/04 Placa-
nica and Others [2007] ECR I-1891, paragraph 55, in fine)?

the Court of

Justice of

judgment

in the