CELEX: 62008CJ0255
Language: en
Date: 2009-10-15 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 15 October 2009. # Commission of the European Communities v Kingdom of the Netherlands. # Failure of a Member State to fulfil obligations - Directive 85/337/EEC - Assessment of the effects of certain public and private projects on the environment - Determination of thresholds - Size of the project - Incomplete transposition. # Case C-255/08.

Judgment of the Court (Sixth Chamber) of 15 October 2009 – Commission v Netherlands
      (Case C‑255/08)
      Failure of a Member State to fulfil obligations – Directive 85/337/EEC – Assessment of the effects of certain public and private projects on the environment – Determination of thresholds – Size of the project – Incomplete transposition
      Environment – Assessment of the effects of certain projects on the environment – Directive 85/337 – Projects belonging to the classes listed in Annex II – Member States’ discretion – Limits (Council Directive 85/337, as amended by Directives 97/11 and 2003/35, Arts 2(1), 3 and 4(2) and (3), and Annexes
         II and III) (see paras 29-35, 39, 42-43 and operative part)
      
      Re: 
      
         
               Failure of a Member State to fulfil obligations – Incorrect transposition of Article 4(2) and (3) in conjunction with Annexes
                  II and III 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 Directives 97/11/EC and 2003/35/EC (OJ 1985 L 175, p. 40).
               
            Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Declares that, by failing to adopt all the provisions necessary to ensure that projects likely to have significant effects
                     on the environment are made subject to a consent procedure and to an assessment of those effects, in accordance with Article
                     4(2) and (3) 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 and by Directive 2003/35/EC of the European
                     Parliament and of the Council of 26 May 2003, in conjunction with Annexes II and III to Directive 85/337, the Kingdom of the
                     Netherlands has failed to fulfil its obligations under that directive;
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Orders the Kingdom of the Netherlands to pay the costs.