CELEX: C2005/182/07
Language: en
Date: 2005-07-23 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 2 June 2005 in Case C-83/03 Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil obligations — Environment — Directive 85/337/EEC — Assessment of the effects of projects on the environment — Construction of a marina at Fossacesia)

23.7.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 182/4
            
         
      JUDGMENT OF THE COURT
   
   (Sixth Chamber)
   of 2 June 2005
   in Case C-83/03 Commission of the European Communities v Italian Republic (1)
   
   (Failure of a Member State to fulfil obligations - Environment - Directive 85/337/EEC - Assessment of the effects of projects on the environment - Construction of a marina at Fossacesia)
   (2005/C 182/07)
   Language of the case: Italian
   In Case C-83/03 Commission of the European Communities (Agents: R. Amorosi and A. Aresu) v Italian Republic (Agent: I.M. Braguglia, assisted by M. Fiorilli, avocat) — action under Article 226 EC for failure to fulfil obligations, brought on 26 February 2003 — the Court (Sixth Chamber), composed of A. Borg Barthet, President of the Chamber, J.-P. Puissochet (Rapporteur) and S. von Bahr, Judges; D. Ruiz-Jarabo Colomer, Advocate General; R. Grass, Registrar, gave a judgment on 2 June 2005, in which it:
   
               1.
            
            
               Declares that, since the Abruzzo Region did not properly determine whether the project for the construction of a marina at Fossacesia (Chieti) — a project covered by the list 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 — had characteristics requiring it to be made subject to a procedure to assess its effects on the environment, 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 112 of 10.05.2003