Case C-215/06: Judgment of the Court (Second Chamber) of 3 July 2008 — Commission of the European Communities v Ireland (Failure of a Member State to fulfil obligations — No assessment of the environmental effects of projects within the scope of Directive 85/337/EEC — Regularisation after the event)
Date: 2008-07-03
Institutions: Court of Justice
Subjects: European Commission, Ireland, action for failure to fulfil an obligation, environmental impact, environmental law

11.10.2008

EN

Official Journal of the European Union

C 260/3

V

(Announcements)

COURT PROCEEDINGS

COURT OF JUSTICE

Judgment of the Court (Second Chamber) of 3 July 2008 —
Commission of the European Communities v Ireland

by virtue of their nature, size or location, that they are made
subject to an assessment with regard to their effects in accord-
ance with Articles 5 to 10 of Directive 85/337, and

(Case C-215/06) (1)

(Failure of a Member State to fulfil obligations — No assess-
ment of the environmental effects of projects within the scope
of Directive 85/337/EEC — Regularisation after the event)

(2008/C 260/03)

Language of the case: English

Parties

Applicant: Commission of the European Communities (repre-
sented by: D. Recchia and D. Lawunmi, Agents)

Defendant:
Ireland
J. Connolly SC and G. Simons BL)

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

— development consents given for, and the execution of work on,
wind farm developments and associated works at Derrybrien,
County Galway, were preceded by an assessment with regard to
their environmental effects, in accordance with Articles 5 to 10
of Directive 85/337 either before or after amendment by
Directive 97/11,
its obligations
under Articles 2, 4 and 5 to 10 of that directive;

Ireland has failed to fulfil

2) Orders Ireland to pay the costs.

(1) OJ C 178, 29.7.2006.

Re:

Failure of a Member State to fulfil obligations — Articles 2, 4
and 5 to 10 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) — Failure
to adopt measures to ensure that projects which are within the
scope of the directive are made subject to an impact assessment

Judgment of the Court (First Chamber) of 10 July 2008
(reference for a preliminary ruling from the Wojewódzki
Sąd Administracyjny we Wrocławiu (Poland)) — Alicja
Sosnowska v Dyrektor Izby Skarbowej we Wrocławiu
Ośrodek Zamiejscowy w Wałbrzychu

(Case C-25/07) (1)

Operative part of the judgment

The Court:

1) Declares that, by failing to adopt all measures necessary to ensure

that:

— projects which are within the

scope 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
either before or after amendment by Council Directive
97/11/EC of 3 March 1997 are, before they are executed in
whole or in part, first, considered with regard to the need for
an environmental impact assessment and, secondly, where those
projects are likely to have significant effects on the environment

(VAT — Directives 67/227/EEC and 77/388/EEC — National
legislation determining conditions for repayment of excess
VAT — Principles of tax neutrality and proportionality —
Special derogating measures)

(2008/C 260/04)

Language of the case: Polish

Referring court

Wojewódzki Sąd Administracyjny we Wrocławiu