CELEX: C2006/131/29
Language: en
Date: 2006-06-03 00:00:00
Title: Case C-332/04: Judgment of the Court (Third Chamber) of  16 March 2006  — Commission of the European Communities v Kingdom of Spain (Failure of a Member State to fulfil its obligations — Directive 85/337/EEC as amended by Directive 97/11/EC — Assessment of the effects of projects on the environment — Inter-action between factors likely to be directly and indirectly affected — Obligation to publish the impact statement — Assessment limited to urban development projects outside urban areas — Construction project for a leisure complex at Paterna)

3.6.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 131/17
            
         Judgment of the Court (Third Chamber) of 16 March 2006 — Commission of the European Communities v Kingdom of Spain
   (Case C-332/04) (1)
   
   (Failure of a Member State to fulfil its obligations - Directive 85/337/EEC as amended by Directive 97/11/EC - Assessment of the effects of projects on the environment - Inter-action between factors likely to be directly and indirectly affected - Obligation to publish the impact statement - Assessment limited to urban development projects outside urban areas - Construction project for a leisure complex at Paterna)
   (2006/C 131/29)
   Language of the case: Spanish
   Parties
   
      Applicant: Commission of the European Communities (represented by: G. Valero Jordana and F. Simonetti, acting as Agents)
   
      Defendant: Kingdom of Spain (represented by: M. Muñoz Perez, acting as Agent)
   Re:
   Failure of a Member State to fulfil its obligations — Incomplete/incorrect transposition of Arts. 3, 9(1) and Paragraph 10(b) of 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 (OJ 1985 L 175, p. 40), as amended by Council Directive 97/11/EC of 3 March 1997 (OJ 1997 L 73, p. 5) — Failure to apply the transitional scheme established by Article 3 of Directive 97/11/EC — Failure to have submitted a construction project for a leisure complex at Paterna (Valencia) for an assessment
   Operative part of the judgment
   The Court:
   
               1.
            
            
               Declares that, by failing to fully transpose Article 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, by failing to transpose Article 9(1) of Directive 85/337, as amended by Directive 97/11, by failing to comply with the transitional scheme provided for by Article 3 of Directive 97/11, by failing to correctly transpose the combined provisions of Paragraph 10(b) of Annex II and Articles 2(1) and 4(2) of Directive 85/337, as amended by Directive 97/11, and by failing to submit the construction project for a leisure complex at Paterna to the procedure for the assessment of the effects on the environment and, consequently, by failing to apply the provisions of Articles 2(1), 3, 4(2), 8 and 9 of Directive 85/337, as amended by Directive 97/11, the Kingdom of Spain has failed to fulfil its obligations under that directive;
            
         
               2.
            
            
               The Kingdom of Spain is ordered to pay the costs.
            
         
      (1)  OJ C 262 of 23.10.2004.