CELEX: C2004/190/02
Language: en
Date: 2004-07-24 00:00:00
Title: Judgment of the Court (First Chamber) of 10 June 2004 in Case C-87/02: Commission of the European Communities v Italian Republic (Failure by a Member State to fulfil obligations — Environment — Directive 85/337/EEC — Assessment of the effects of certain public and private projects — Project ‘Lotto zero’)

24.7.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 190/1
            
         
      JUDGMENT OF THE COURT
   
   (First Chamber)
   of 10 June 2004
   in Case C-87/02: Commission of the European Communities v Italian Republic (1)
   
   (Failure by a Member State to fulfil obligations - Environment - Directive 85/337/EEC - Assessment of the effects of certain public and private projects - Project ‘Lotto zero’)
   (2004/C 190/02)
   Language of the case: Italian
   In Case C-87/02: Commission of the European Communities (Agents: M. van Beek and R. Amorosi) v Italian Republic (Agents: M. Massella Ducci Teri ) - application for a declaration that, since the Abruzzo Region failed to ascertain whether the project to construct an outer ring road at Teramo (a project known as ‘Lotto zero-Variante, tra Teramo (Italy) e Giulianova, alla strada statale SS 80’), of a type listed in Annex II to 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), required an environmental impact assessment in accordance with Articles 5 to 10 of the Directive, the Italian Republic has failed to fulfil its obligations under Article 4(2) of that directive - the Court (First Chamber), composed of: P. Jann, President of the Chamber, A. Rosas (Rapporteur), A. La Pergola, R. Silva de Lapuerta and K. Lenaerts, Judges; D. Ruiz-Jarabo Colomer, Advocate General; R. Grass, Registrar, has given a judgment on 10 June 2004, in which it:
   
               1.
            
            
               Declares that, since the Abruzzo Region failed to ascertain whether the project to construct an outer ring road at Teramo (a project known as ‘Lotto zero-Variante, tra Teramo e Giulianova, alla strada statale SS 80’), of a type listed in Annex II to Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment, required an environmental impact assessment in accordance with Articles 5 to 10 of that directive, the Italian Republic has failed to fulfil its obligations under Article 4(2) of that directive.
            
         
               2.
            
            
               Orders the Italian Republic to pay the costs.
            
         
      (1)  OJ C 109 of 4.5.2002.