Case C-66/06: Judgment of the Court (Second Chamber) of 20 November 2008 — Commission of the European Communities v Ireland (Failure of a Member State to fulfil obligations — Directive 85/337/EEC — Assessment of the effects of projects on the environment — Consent given without an assessment)
Date: 2008-11-20
Institutions: Court of Justice
Subjects: European Commission, Ireland, action for failure to fulfil an obligation, environmental impact, fish farming, project evaluation

C 6/2

EN

Official Journal of the European Union

10.1.2009

V

(Announcements)

COURT PROCEEDINGS

COURT OF JUSTICE

Judgment of the Court (Second Chamber) of 20 November
the European Communities v
2008 — Commission of

Ireland

(Case C-66/06) (1)

(Failure of a Member State to fulfil obligations — Directive
85/337/EEC — Assessment of the effects of projects on the
environment — Consent given without an assessment)

(2009/C 6/02)

Language of the case: English

consent is given, projects likely to have significant effects on the
environment that belong to the categories of projects covered by
point 1(a) to (c) and (f) of Annex II to that directive are made
subject to a requirement for development consent and to an assess-
ment with regard to their environmental effects in accordance with
Articles 5 to 10 of the directive, Ireland has failed to fulfil its obli-
gations under the directive;

2. Orders Ireland to pay the costs of the Commission of the European

Communities;

3. Orders the Republic of Poland to bear its own costs.

(1) OJ C 108, 6.5.2006.

Parties

Applicant: Commission of the European Communities (repre-
sented by: F. Simonetti and X. Lewis, acting as Agents, F. Louis,
avocat, and C. O'Daly, Solicitor)

Defendant: Ireland (represented by: D. O'Hagan, acting as Agent,
J. Connolly SC and G. Simons BL)

Intervener in support of the defendant: Republic of Poland (repre-
sented by: E. Ośniecka-Tamecka, acting as Agent)

Re:

Failure of a Member State to fulfil obligations — Infringement
of Articles 2(2) and 4(2) to (4) 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) — Consent given without an assessment

Operative part of the judgment

The Court:

Judgment of the Court (Third Chamber) of 20 November
2008 (Reference for
a preliminary ruling from the
Landgericht Siegen — Germany) — Criminal proceedings
against Frank Weber

(Case C-1/07) (1)

(Directive 91/439/EEC — Mutual recognition of driving
licences — Temporary suspension of a driving licence —
Withdrawal of right to drive — Validity of a second driving
licence obtained in another Member State during the period of
temporary suspension)

(2009/C 6/03)

Language of the case: German

1. Declares that, by not adopting, in conformity with Articles 2(1)
and 4(2) to (4) 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, as amended by Council Directive
97/11/EC of 3 March 1997, all measures to ensure that, before

Referring court

Landgericht Siegen