CELEX: 62006CA0247
Language: en
Date: 2008-11-06 00:00:00
Title: Case C-247/06: 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 its obligations — Directive 85/337/EEC — Effects of certain projects on the environment — Heating installation — Energy production — Partial incineration of dangerous products)

20.12.2008   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 327/2
            
         Judgment of the Court (Second Chamber) of 6 November 2008 — Commission of the European Communities v Federal Republic of Germany
   (Case C-247/06) (1)
   
   (Failure of a Member State to fulfil its obligations - Directive 85/337/EEC - Effects of certain projects on the environment - Heating installation - Energy production - Partial incineration of dangerous products)
   (2008/C 327/02)
   Language of the case: German
   Parties
   
      Applicant: Commission of the European Communities (represented by: U. Wölker and F. Simonetti, acting as Agents)
   
      Defendant: Federal Republic of Germany (represented by: M. Lumma and C. Schulze-Bahr, acting as Agents)
   
      Intervener in support of the defendant: United Kingdom of Great Britain and Northern Ireland (represented by: T. Harris, I. Rao and J. Maurici, acting as Agents)
   Re:
   Failure of a Member State to fulfil its 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 of the judgment
   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.
            
         
      (1)  OJ C 190 of 12.8.2006.