CELEX: 62011CN0279
Language: en
Date: 2011-06-01 00:00:00
Title: Case C-279/11: Action brought on 1 June 2011 — European Commission v Ireland

30.7.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 226/18
            
         Action brought on 1 June 2011 — European Commission v Ireland
   (Case C-279/11)
   2011/C 226/35
   Language of the case: English
   
      Parties
   
   
      Applicant: European Commission (represented by: P. Oliver, Agent)
   
      Defendant: Ireland
   
      The applicant claims that the Court should:
   
   
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               declare that, by failing to take the necessary measures to comply with the judgment of this Court in Case C-66/06 Commission v Ireland, Ireland has failed to fulfil its obligations under Article 260 TFEU;
            
         
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               order Ireland to pay to the Commission a lump sum of EUR 4 174,8 multiplied by the number of days between the ruling in Case C-66/06 and either compliance by Ireland with that ruling or the judgment in the present proceedings, whichever is the sooner;
            
         
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               order Ireland to pay to the Commission a penalty payment of EUR 33 080,32 from the date of the judgment in the present proceedings to the date of compliance by Ireland with the ruling in Case C-66/06; and
            
         
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               order Ireland to pay the costs.
            
         
      Pleas in law and main arguments
   
   Some two and a half years after the Court’s judgment of 20 November 2008, in case C-66/06, declaring that Ireland had not adopted measures fully transposing articles 2(1) and 4(2) to (4) of Council directive 85/337/EEC (1), Ireland has still failed to take the measures necessary to comply with that judgment. Therefore, the Commission proposes that Ireland should be ordered to pay a fine and a periodic penalty payment to reflect the serious nature of that infringement and its impact on the pursuit of the objectives pursued by the Community legislature.
   
      (1)  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 L 175, p. 40