CELEX: 62009CA0538
Language: en
Date: 2011-05-26 00:00:00
Title: Case C-538/09: Judgment of the Court (First Chamber) of 26 May 2011 — European Commission v Kingdom of Belgium (Failure of a Member State to fulfil obligations — Environment — Directive 92/43/EEC — Article 6(3) — Special areas of conservation — Appropriate assessment of the implications of a plan or project which is likely to have a significant effect on a protected site — Exemption from assessment of plans or projects which are subject to a declaratory scheme — Incorrect transposition)

16.7.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 211/5
            
         Judgment of the Court (First Chamber) of 26 May 2011 — European Commission v Kingdom of Belgium
   (Case C-538/09) (1)
   
   (Failure of a Member State to fulfil obligations - Environment - Directive 92/43/EEC - Article 6(3) - Special areas of conservation - Appropriate assessment of the implications of a plan or project which is likely to have a significant effect on a protected site - Exemption from assessment of plans or projects which are subject to a declaratory scheme - Incorrect transposition)
   2011/C 211/07
   Language of the case: French
   
      Parties
   
   
      Applicant: European Commission (represented by: D. Recchia and A. Marghelis, Agents)
   
      Defendant: Kingdom of Belgium (represented by: T. Materne, Agent)
   
      Re:
   
   Failure of a Member State to fulfil obligations — Incorrect transposition of the provisions of Article 6(3) of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ 1992 L 206, p. 7) — Obligatory environmental impact assessment where a project or a plan has an effect on a ‘Natura 2000’ site
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Declares that, by not requiring an appropriate environmental impact assessment to be undertaken for certain activities, subject to a declaratory scheme, where those activities are likely to have an effect on a Natura 2000 site, the Kingdom of Belgium has failed to fulfil its obligations under Article 6(3) of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora;
            
         
               2.
            
            
               Orders the Kingdom of Belgium to pay the costs.
            
         
      (1)  OJ C 51, 27.2.2010.