CELEX: 62006CJ0247
Language: en
Date: 2008-11-06
Title: Judgment of the Court (Second Chamber) of 6 November 2008. # Commission of the European Communities v Federal Republic of Germany. # Failure of a Member State to fulfil obligations - Directive 85/337/EEC - Effects of certain projects on the environment - Heating installation - Energy production - Partial incineration of dangerous products. # Case C-247/06.

Judgment of the Court (Second Chamber) of 6 November 2008 – Commission v Germany
      (Case C‑247/06)
      Failure of a Member State to fulfil obligations – Directive 85/337/EEC – Effects of certain projects on the environment – Heating installation – Energy production – Partial incineration of dangerous products
      1.                     Environment – Assessment of the effects of certain projects on the environment – Directive 85/337 – Disposal of waste – Meaning
            (Council Directive 85/337, as amended by Directive 97/11, Arts 2(1) and 4(1) and Annex I, point 9) (see paras 28-31)
      2.                     Actions for failure to fulfil obligations – Proof of failure – Burden of proof on Commission (Art. 226 EC) (see paras 45-47,
            49-51)
      Re: 
      
         
               Failure of a Member State to fulfil obligations – Infringement of Article 4(1), in conjunction with Annex I, point 9, 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) – Authorisation of a heating
                  installation for the production of energy which partly incinerates dangerous waste without first carrying out an assessment
                  of the effects on the environment – Waste disposal and waste recovery operations.
               
            Operative part
      The Court: 
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action; 
               
            
         
                  2.
               
               
                  
               
               
                  	Orders the Commission to pay the costs; 
               
            
         
                  3.
               
               
                  
               
               
                  	Orders the United Kingdom of Great Britain and Northern Ireland to bear its own costs.