CELEX: C2004/201/08
Language: en
Date: 2004-08-07 00:00:00
Title: Judgment of the Court (Third Chamber) of 24 June 2004 in Case C-421/02: 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 — Incomplete transposition)

7.8.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 201/5
            
         
      JUDGMENT OF THE COURT
   
   (Third Chamber)
   of 24 June 2004
   in Case C-421/02: Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland (1)
   
   (Failure of a Member State to fulfil obligations - Directive 85/337/EEC - Incomplete transposition)
   (2004/C 201/08)
   Language of the case: English
   In Case C-421/02: Commission of the European Communities (Agent: X. Lewis) v United Kingdom of Great Britain and Northern Ireland (Agent: P. Ormond) — application for a declaration that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Article 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 (OJ 1985 L 175, p. 40), as amended by Council Directive 97/11/EC of 3 March 1997 (OJ 1997 L 73, p. 5), in relation to projects listed in Annex II, paragraph 1(b) and 1(c), to that directive, or, in any event, by failing to notify such provisions to the Commission, the United Kingdom of Great Britain and Northern Ireland has failed to fulfil its obligations under that directive — the Court (Third Chamber), composed of: A. Rosas, President of the Chamber, R. Schintgen and N. Colneric (Rapporteur), Judges; D. Ruiz-Jarabo Colomer, Advocate General; R. Grass, Registrar, has given a judgment on 24 June 2004, in which it:
   
               1.
            
            
               Declares that, by failing to adopt in Scotland and Northern Ireland the laws, regulations and administrative provisions necessary to comply with Article 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, in relation to projects listed in Annex II, paragraph 1(c), to the Directive and by failing to notify the measures taken to implement that provision in England and Wales, the United Kingdom has failed to fulfil its obligations under that directive;
            
         
               2.
            
            
               Orders the United Kingdom to pay the costs.
            
         
      (1)  OJ C 7, 11.1.2002.