Case C-142/07: Judgment of the Court (Third Chamber) of 25 July 2008 (reference for a preliminary ruling from the Juzgado de lo Contencioso-Administrativo de Madrid — Spain) — Ecologistas en Acción-CODA v Ayuntamiento de Madrid (Directives 85/337/EEC and 97/11/EC — Assessment of the effects of projects on the environment — Refurbishment and improvement works on urban roads — Whether subject to assessment)
Date: 2008-07-25
Institutions: Court of Justice
Subjects: environmental impact, interpretation of the law, project evaluation, public works, urban road

C 236/2

EN

Official Journal of the European Union

13.9.2008

V

(Announcements)

COURT PROCEEDINGS

COURT OF JUSTICE

Judgment of the Court (First Chamber) of 25 July 2008 —
the European Communities v Italian
Commission of

Republic

(Case C-504/06) (1)

temporary or mobile construction sites (eighth individual Directive
within the meaning of Article 16(1) of Directive 89/391/EEC),
the Italian Republic has failed to fulfil its obligations under that
directive;

2. Orders each party to bear its own costs.

(Failure of a Member State to fulfil obligations — Directive
92/57/EEC — Implementation of minimum safety and health
requirements at temporary or mobile construction sites —
Article 3(1) — Incorrect transposition)

(1) OJ C 42, 24.2.2007.

(2008/C 236/02)

Language of the case: Italian

Parties

Applicant: Commission of the European Communities (repre-
sented by: L. Pignataro-Nolin and I. Kaufmann-Bühler, Agents)

Defendant: Italian Republic (represented by: I. Braguglia, Agent
and W. Ferrante, avvocato dello Stato)

Re:

Failure of a Member State to fulfil obligations — Incorrect trans-
position of Article 3(1) of Council Directive 92/57/EEC of
24 June 1992 on the implementation of minimum safety and
health requirements at temporary or mobile construction sites
(eighth individual Directive within the meaning of Article 16(1)
of Directive 89/391/EEC) (OJ 1992 L 245, p. 6) — Appoint-
ment of health and safety coordinators for a construction site
where a number of undertakings are operating

Operative part of the judgment

The Court:

Judgment of the Court (Third Chamber) of 25 July 2008
(reference for a preliminary ruling from the Juzgado de lo
Contencioso-Administrativo de Madrid — Spain) —
Ecologistas en Acción-CODA v Ayuntamiento de Madrid

(Case C-142/07) (1)

(Directives 85/337/EEC and 97/11/EC — Assessment of the
effects of projects on the environment — Refurbishment and
improvement works on urban roads — Whether subject to
assessment)

(2008/C 236/03)

Language of the case: Spanish

Referring court

Juzgado de lo Contencioso-Administrativo de Madrid

Parties to the main proceedings

1. Declares that, by failing correctly to transpose in Italian law
Article 3(1) of Council Directive 92/57/EEC of 24 June 1992 on
the implementation of minimum safety and health requirements at

Applicant: Ecologistas en Acción-CODA

Defendant: Ayuntamiento de Madrid

13.9.2008

EN

Official Journal of the European Union

C 236/3

Re:

Re:

REFERENCE for a preliminary ruling — Juzgado de lo Conten-
cioso-Administrativo de Madrid — Interpretation of Council
Directive 85/337/EEC of 27 June 1985 on the assessment of
the effects of certain public and private projects on the environ-
ment (OJ 1985 L 175, p. 40) — Urban road projects in densely
populated areas or concerning landscapes of historical, cultural
or archaeological significance — Whether subject to an assess-
ment procedure having regard to their nature, size and effect —
Applicability of the criteria in the judgment of the Court in
Case C-332/04 Commission v Spain

Operative part of the judgment

it provides for environmental

Council Directive 85/337/EEC of 27 June 1985 on the assessment of
the effects of certain public and private projects on the environment, as
amended by Council Directive 97/11/EC of 3 March 1997, must be
interpreted as meaning that
impact
assessment of refurbishment and improvement projects for urban roads,
either where they are projects covered by point 7(b) or (c) of Annex I
to the directive, or where they are projects covered by point 10(e) of
Annex II or the first indent of point 13 thereof, which are likely, by
if appropriate, having
virtue of
regard to their interaction with other projects, to have significant effects
on the environment.

their nature, size or location and,

(1) OJ C 129, 9.6.2007.

Appeal against the judgment of the Court of First Instance (Fifth
Chamber) of 6 February 2007 in Case T-23/03 C.A.S. v Commis-
sion dismissing the application for partial annulment of
Commission Decision REC 10/01 of 18 October 2002 relating
to a claim for remission of import duties recovered post-clear-
ance on fruit juice concentrates from Turkey imported under
certificates of origin which had proved to be false in a subse-
quent check — Omissions and errors on the part of the Turkish
authorities and the Commission capable of creating a special
situation within the meaning of Article 239 of Council Regu-
lation (EEC) No 2913/92 of 12 October 1992 establishing the
Community Customs Code (OJ 1992 L 302, p. 1) — Distribu-
tion of the burden of proof as to the existence of a special situa-
tion — Legal classification of the documents and facts

Operative part of the judgment

The Court:

1. Sets aside the judgment of the Court of First Instance of 6 February

2007 in Case T-23/03 CAS v Commission;

2. Annuls Article 2 of the Decision of the Commission of 18 October

2002 (REC 10/01);

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

costs at both instances.

(1) OJ C 140, 23.6.2007.

Judgment of the Court (Third Chamber) of 25 July 2008 —
C.A.S. SpA v Commission of the European Communities

(Case C-204/07 P) (1)

(Appeals — EEC-Turkey Association Agreement — Regu-
lation (EEC) No 2913/92 — Article 239 — Community
Customs Code — Repayment and remission of import duty —
Fruit juice concentrate from Turkey — Movement certificates
— Falsification — Special situation)

Judgment of the Court (Second Chamber) of 25 July 2008
(reference for a preliminary ruling from the Bundes-
verwaltungsgericht — Germany) — Dieter Janecek v
Freistaat Bayern

(Case C-237/07) (1)

(2008/C 236/04)

Language of the case: German

(Directive 96/62/EC — Ambient air quality assessment and
management — Fixing of limit values — Entitlement of a
third party, whose health has been impaired, to have an action
plan drawn up)

Parties

(2008/C 236/05)

Language of the case: German

Appellant: C.A.S. SpA (represented by: D. Ehle, Rechtsanwalt)

Other party to the proceedings: Commission of
the European
Communities (represented by: M. Patakia and S. Schønberg,
acting as Agents, assisted by M. Núñez Müller, Rechtsanwalt)

Referring court

Bundesverwaltungsgericht