CELEX: C1998/278/03
Language: en
Date: 1998-09-05 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 18 June 1998 in Case C-81/96 (reference for a preliminary ruling from the Nederlandse Raad van State): Burgemeester en wethouders van Haarlemmerliede en Spaarnwoude and Others v. Gedeputeerde Staten van Noord-Holland (Council Directive 85/337/EEC - New consent for a zoning plan)

C 278/2               EN                  Official Journal of the European Communities                                       5.9.98
added tax on means of transport which constitute the very            5.7.1985, p. 40) Ð the Court (Sixth Chamber), composed
tool of their trade, the French Republic has failed to fulfil        of: H. Ragnemalm, President of the Chamber, G. F.
its obligations under the Sixth Council Directive 77/388/            Mancini, P. J. G. Kapteyn, J. L. Murray and K. M.
EEC of 17 May 1977 on the harmonisation of the laws of               Ioannou (Rapporteur), Judges; J. Mischo, Advocate-
the Member States relating to turnover taxes Ð Common                General; H. A. Rühl, Principal Administrator, for the
system of value added tax: uniform basis of assessment               Registrar, has given a judgment on 18 June 1998, in which
(OJ L 145, 13.6.1977, p. 1), and in particular Article 17(2)         it has ruled:
thereof Ð the Court (Sixth Chamber), composed of: R.
Schintgen, President of the Second Chamber, acting for the
President of the Sixth Chamber, G. F. Mancini, P. J. G.              Council Directive 85/337/EEC of 27 June 1985 on the
Kapteyn, J. L. Murray and G. Hirsch (Rapporteur),                    assessment of the effects of certain public and private
Judges; F. G. Jacobs, Advocate-General; D. Louterman-                projects on the environment is to be interpreted as not
Hubeau, Principal Administrator, for the Registrar, has              permitting Member States to waive the obligations
given a judgment on 18 June 1998, in which it:                       regarding environmental assessments in the case of
                                                                     projects listed in Annex I of the Directive where:
1. dismisses the application;                                        Ð the projects have already been the subject of a consent
                                                                          granted prior to 3 July 1988, the date by which the
                                                                          Directive was to have been transposed into national
2. order the Commission of the European Communities                       law,
     to pay the costs;
                                                                     Ð the consent was not preceded by an environmental
                                                                          assessment in accordance with the requirements of the
3. orders the United Kingdom of Great Britain and
                                                                          Directive and no use was made of it, and
     Northern Ireland to bear its own costs.
                                                                     Ð a fresh consent procedure was formally initiated after
(1) OJ C 95, 30.3.1996.
                                                                          3 July 1988.
                                                                     (1) OJ C 133, 4.5.1996.
              JUDGMENT OF THE COURT
                       (Sixth Chamber)
                                                                                     JUDGMENT OF THE COURT
                        of 18 June 1998
                                                                                             (Fifth Chamber)
in Case C-81/96 (reference for a preliminary ruling from                                     of 18 June 1998
the Nederlandse Raad van State): Burgemeester en wet-
houders van Haarlemmerliede en Spaarnwoude and                       in Case C-266/96 (reference for a preliminary ruling from
    Others v. Gedeputeerde Staten van Noord-Holland (1)              the Tribunale di Genova): Corsica Ferries France SA v.
                                                                     Gruppo Antichi Ormeggiatori del Porto di Genova Coop.
(Council Directive 85/337/EEC Ð New consent for a                    arl, Gruppo Ormeggiatori del Golfo di La Spezia Coop.
                          zoning plan)                                     arl, Ministero dei Trasporti e della Navigazione (1)
                         (98/C 278/03)                               (Freedom to provide services Ð Maritime transport Ð
                                                                     Undertakings holding exclusive rights Ð Mooring services
                                                                     for vessels in ports Ð Compliance with the competition
                (Language of the case: Dutch)                                                rules Ð Tariffs)
                                                                                              (98/C 278/04)
  (Provisional translation; the definitive translation will be
         published in the European Court Reports)                                     (Language of the case: Italian)
                                                                       (Provisional translation; the definitive translation will be
In Case C-81/96: reference to the Court under Article 177                       published in the European Court Reports)
of the EC Treaty from the Nederlandse Raad van State
(Netherlands), for a preliminary ruling in the proceedings
pending before that court between Burgemeester en                    In Case C-266/96: reference to the Court under Article 177
wethouders van Haarlemmerliede en Spaarnwoude and                    of the EC Treaty from the Tribunale di Genova (District
Others and Gedeputeerde Staten van Noord-Holland Ð                   Court, Genoa) (Italy), for a preliminary ruling in the
on the interpretation of Council Directive 85/337/EEC of             proceedings pending before that court between Corsica
27 June 1985 on the assessment of the effects of certain             Ferries France SA and Gruppo Antichi Ormeggiatori del
public and private projects on the environment (OJ L 175,            Porto di Genova Coop. arl., Gruppo Ormeggiatori del