CELEX: 62008CA0495
Language: en
Date: 2009-11-12 00:00:00
Title: Case C-495/08: Judgment of the Court (Sixth Chamber) of 12 November 2009 — Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland (Failure of a Member State to fulfil obligations — Directive 85/337/EEC — Assessment of the effects of projects on the environment — Obligation to give reasons for a decision not to make a project subject to an assessment)

16.1.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 11/5
            
         Judgment of the Court (Sixth Chamber) of 12 November 2009 — Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland
   (Case C-495/08) (1)
   
   (Failure of a Member State to fulfil obligations - Directive 85/337/EEC - Assessment of the effects of projects on the environment - Obligation to give reasons for a decision not to make a project subject to an assessment)
   2010/C 11/07
   Language of the case: English
   
      Parties
   
   
      Applicant: Commission of the European Communities (represented by: P. Oliver and J.-B. Laignelot, Agents)
   
      Defendant: United Kingdom of Great Britain and Northern Ireland (represented by: L. Seeboruth and H. Walker, Agents, and by J. Maurici, Barrister)
   
      Re:
   
   Failure of a Member State to fulfil obligations — Infringement 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) — Requirement to give reasons for a decision not to make a project subject to an assessment
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Declares that, by failing to make applications for Review of Mineral Planning lodged in Wales prior to 15 November 2000 subject to the requirements of Articles 2(1) and 4(2) 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, the United Kingdom of Great Britain and Northern Ireland has failed to fulfil its obligations under that directive;
            
         
               2.
            
            
               Orders the United Kingdom of Great Britain and Northern Ireland to pay the costs.
            
         
      (1)  OJ C 32, 7.2.2009.