CELEX: 62005CJ0037
Language: en
Date: 2006-01-12 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 12 January 2006. # Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland. # Failure of a Member State to fulfil obligations - Directive 85/337/EEC, as amended by Directive 97/11/EC - Assessment of the effects of projects on the environment - Consents granted without assessment. # Case C-37/05.

Judgment of the Court (Fifth Chamber) of 12 January 2006 – Commission v UnitedKingdom
      (Case C-37/05)
      Failure of a Member State to fulfil obligations – Directive 85/337/EEC, as amended by Directive 97/11/EC – Assessment of the effects of projects on the environment – Consents granted without assessment
      Actions for failure to fulfil obligations – Examination of merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC) (see para. 7)
      Re:
      
         
               Failure of a Member State to fulfil obligations – Breach of Articles 2(1) and 4 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 (OJ 1985 L 175, p. 40), as
                  amended by Council Directive 97/11/EC of 3 March 1997 (OJ 1997 L 73, p. 5) – Consents granted without assessment
               
            Operative part:
      The Court:
      
         
                  1.
               
               
                  
               
               
                  Declares that, in failing to correctly transpose Articles 2(1) and 4 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, the United Kingdom of Great Britain and Northern Ireland has failed to fulfil its obligations under that
                     directive;
                  
               
            
         
                  2.
               
               
                  
               
               
                  Orders the United Kingdom of Great Britain and Northern Ireland to pay the costs.