CELEX: 62018CA0261
Language: en
Date: 2019-11-12 00:00:00
Title: Case C-261/18: Judgment of the Court (Grand Chamber) of 12 November 2019 — European Commission v Ireland (Failure of a Member State to fulfil obligations — Judgment of the Court establishing a failure to fulfil obligations — Non-compliance — Directive 85/337/EEC — Consent for, and construction of, a wind farm — Project likely to have significant effects on the environment — Absence of a prior environmental impact assessment — Obligation to regularise — Article 260(2) TFEU — Application for an order to pay a penalty payment and a lump sum)

13.1.2020   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 10/10
            
         
      Judgment of the Court (Grand Chamber) of 12 November 2019 — European Commission v Ireland
      (Case C-261/18) (1)
      
      (Failure of a Member State to fulfil obligations - Judgment of the Court establishing a failure to fulfil obligations - Non-compliance - Directive 85/337/EEC - Consent for, and construction of, a wind farm - Project likely to have significant effects on the environment - Absence of a prior environmental impact assessment - Obligation to regularise - Article 260(2) TFEU - Application for an order to pay a penalty payment and a lump sum)
      (2020/C 10/11)
      Language of the case: English
      
         Parties
      
      
         Applicant: European Commission (represented by: M. Noll-Ehlers and J. Tomkin, Agents)
      
         Defendant: Ireland (represented by: M. Browne, G. Hodge and A. Joyce, Agents, and by J. Connolly and G. Simons, Senior Counsel, and G. Gilmore, Barrister-at-Law)
      
         Operative part of the judgment
      
      The Court:
      
                  1.
               
               
                  Declares that, by failing to take all measures necessary to comply with the judgment of 3 July 2008, Commission v Ireland (C-215/06, EU:C:2008:380), Ireland has failed to fulfil its obligations under Article 260(1) TFEU;
               
            
                  2.
               
               
                  Orders Ireland to pay the European Commission a lump sum in the amount of EUR 5 000 000;
               
            
                  3.
               
               
                  Orders Ireland to pay the Commission a periodic penalty payment of EUR 15 000 per day from the date of delivery of the present judgment until the date of compliance with the judgment of 3 July 2008, Commission v Ireland (C-215/06, EU:C:2008:380);
               
            
                  4.
               
               
                  Orders Ireland to pay the costs.
               
            
         (1)  OJ C 240, 9.7.2018.