CELEX: C2005/082/28
Language: en
Date: 2005-04-02 00:00:00
Title: Case C-37/05: Action brought on 31 January 2005 by the Commission of the European Communities against the United Kingdom

2.4.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 82/13
            
         Action brought on 31 January 2005 by the Commission of the European Communities against the United Kingdom
   (Case C-37/05)
   (2005/C 82/28)
   Language of procedure: English
   An action against the United Kingdom was brought before the Court of Justice of the European Communities on 31 January 2005 by the Commission of the European Communities, represented by Mr Michel van Beek, acting as agent, assisted by Mr Frédéric Louis, avocat, and Mr A. Capobianco, avvocato, with an address for service in Luxembourg.
   The Commission requests that the Court should:
   
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               declare that, in failing to correctly transpose the requirements of Articles 2(1) and 4 of the Council Directive 85/337/CEE on the assessment of certain public and private projects on the environment (1) as amended by Council Directive 97/11/EC (2), the United Kingdom of Great Britain and Northern Ireland has failed to fulfil its obligations under the Directive and under the Treaty.
            
         
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               order the United Kingdom of Great Britain and Northern Ireland to pay the costs.
            
         Pleas in law and main arguments:
   A directive must be transposed into binding provisions of national law in a manner that fully satisfies the requirements of clarity and legal certainty. Administrative guidance does not ensure compliance with these requirements. A mere assurance that a practical breach of the provisions of Council directive 85/337/CEE is unlikely to arise in practice does not constitute effective transposition of that directive.
   
      (1)  OJ L 175, 05.07.1985, p. 4
   
   
      (2)  OJ L 73, 14.03.1997, p. 5