CELEX: 62016CA0142
Language: en
Date: 2017-04-26 00:00:00
Title: Case C-142/16: Judgment of the Court (Second Chamber) of 26 April 2017 — European Commission v Federal Republic of Germany (Failure of a Member State to fulfil obligations — Environment — Directive 92/43/EEC — Article 6(3) — Conservation of natural habitats — Construction of a coal-fired power plant in Moorburg (Germany) — Natura 2000 areas situated upstream of that coal-fired power plant on the corridor of the Elbe river — Assessment of the implications of a plan or project for a protected site)

19.6.2017   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 195/5
            
         Judgment of the Court (Second Chamber) of 26 April 2017 — European Commission v Federal Republic of Germany
   (Case C-142/16) (1)
   
   ((Failure of a Member State to fulfil obligations - Environment - Directive 92/43/EEC - Article 6(3) - Conservation of natural habitats - Construction of a coal-fired power plant in Moorburg (Germany) - Natura 2000 areas situated upstream of that coal-fired power plant on the corridor of the Elbe river - Assessment of the implications of a plan or project for a protected site))
   (2017/C 195/06)
   Language of the case: German
   
      Parties
   
   
      Applicant: European Commission (represented by: C. Hermes and E. Manhaeve, acting as Agents)
   
      Defendant: Federal Republic of Germany (represented by T. Henze and J. Möller, acting as Agents, assisted by W. Ewer, Rechtsanwalt)
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Declares that, by authorising the construction of the coal-fired power plant in Moorburg, near Hamburg (Germany), without conducting an appropriate and comprehensive assessment of its implications, the Federal Republic of Germany has failed to fulfil its obligations under Article 6(3) of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora;
            
         
               2.
            
            
               Dismisses the remainder of the action;
            
         
               3.
            
            
               Orders each party to bear its own costs.
            
         
      (1)  OJ C 165, 10.5.2016.