CELEX: 62008CA0255
Language: en
Date: 2009-10-15 00:00:00
Title: Case C-255/08: 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)

5.12.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 297/11
            
         Judgment of the Court (Sixth Chamber) of 15 October 2009 — Commission of the European Communities v Kingdom of the Netherlands
   (Case C-255/08) (1)
   
   (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)
   2009/C 297/10
   Language of the case: Dutch
   
      Parties
   
   
      Applicant: Commission of the European Communities (represented by: M. van Beek and J.-B. Laignelot, Agents)
   
      Defendant: Kingdom of the Netherlands (represented by: C.M. Wissels and M. Noort, Agents)
   
      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 (OJ 1985 L 175, p. 40)
   
      Operative part of the judgment
   
   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.
            
         
      (1)  OJ C 223, 30.08.2008.