CELEX: C2006/326/26
Language: en
Date: 2006-12-30 00:00:00
Title: Case C-216/05: Judgment of the Court (Second Chamber) of 9 November 2006 — Commission of the European Communities v Ireland (Failure of a Member State to fulfil obligations — Assessment of the effects of certain projects on the environment — Directives 85/337/EEC and 97/11/EC — National legislation — Participation by the public in certain assessment procedures upon payment of fees)

30.12.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 326/13
            
         Judgment of the Court (Second Chamber) of 9 November 2006 — Commission of the European Communities v Ireland
   (Case C-216/05) (1)
   
   (Failure of a Member State to fulfil obligations - Assessment of the effects of certain projects on the environment - Directives 85/337/EEC and 97/11/EC - National legislation - Participation by the public in certain assessment procedures upon payment of fees)
   (2006/C 326/26)
   Language of the case: English
   Parties
   
      Applicant: Commission of the European Communities (represented by: X. Lewis, Agent)
   
      Defendant: Ireland (represented by: D. O'Hagan, Agent, B. Murray, Senior Counsel, and G. Simons, Barrister-at-Law)
   Re:
   Failure of a Member State to fulfil obligations — Breach of Articles 6 and 8 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) — National legislation giving the public the opportunity to participate in certain assessment procedures on payment of a participation fee
   Operative part of the judgment
   The Court:
   
               1.
            
            
               Dismisses the action;
            
         
               2.
            
            
               Orders the Commission of the European Communities to pay the costs.
            
         
      (1)  OJ C 193, 06.08.2005.