CELEX: 62009CA0050
Language: en
Date: 2011-03-03 00:00:00
Title: Case C-50/09: Judgment of the Court (First Chamber) of 3 March 2011 — European Commission v Ireland (Failure of a Member State to fulfil obligations — Directive 85/337/EEC — Obligation of the competent environmental authority to carry out an assessment of the effects of certain projects on the environment — More than one competent authority — Need to ensure an assessment of the interaction between factors likely to be directly or indirectly affected — Application of the directive to demolition works)

30.4.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 130/3
            
         Judgment of the Court (First Chamber) of 3 March 2011 — European Commission v Ireland
   (Case C-50/09) (1)
   
   (Failure of a Member State to fulfil obligations - Directive 85/337/EEC - Obligation of the competent environmental authority to carry out an assessment of the effects of certain projects on the environment - More than one competent authority - Need to ensure an assessment of the interaction between factors likely to be directly or indirectly affected - Application of the directive to demolition works)
   2011/C 130/04
   Language of the case: English
   
      Parties
   
   
      Applicant: European Commission (represented by: P. Oliver, C. Clyne and J.-B. Laignelot, Agents)
   
      Defendant: Ireland (represented by: D. O’Hagan, Agent, G. Simons SC, D. McGrath BL)
   
      Re:
   
   Failure of a Member State to fulfil obligations — Articles 2, 3 and 4 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) — Obligation to describe and assess the direct and indirect effects of a project on the factors listed in Article 3 of the Directive
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Declares that:
               
                           —
                        
                        
                           by failing to transpose Article 3 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 and by Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003;
                        
                     
                           —
                        
                        
                           by failing to ensure that, where Irish planning authorities and the Environmental Protection Agency both have decision-making powers concerning a project, there will be complete fulfilment of the requirements of Articles 2 to 4 of Directive 85/337, as amended by Directive 2003/35; and
                        
                     
                           —
                        
                        
                           by excluding demolition works from the scope of its legislation transposing Directive 85/337, as amended by Directive 2003/35,
                        
                     Ireland has failed to fulfil its obligations under that directive;
            
         
               2.
            
            
               Orders Ireland to pay the costs.
            
         
      (1)  OJ C 82, 4.4.2009.