CELEX: C1998/397/01
Language: en
Date: 1998-12-19 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 22 October 1998 in Case C-301/95: Commission of the European Communities v. Federal Republic of Germany (Failure of a Member State to fulfil its obligations - Incorrect transposition of Directive 85/337/EEC)

19.12.98               EN                Official Journal of the European Communities                                      C 397/1
                                                                 I
                                                           (Information)
                                             COURT OF JUSTICE
                                                       COURT OF JUSTICE
                JUDGMENT OF THE COURT                                        27 June 1985 on the assessment of the effects of
                        (Sixth Chamber)                                      certain public and private projects on the
                                                                             environment within the prescribed period,
                      of 22 October 1998
       in Case C-301/95: Commission of the European
      Communities v. Federal Republic of Germany (1)                     Ð by failing to communicate to the Commission all
                                                                             the measures which it has taken to comply with
(Failure of a Member State to fulfil its obligations Ð                       that directive,
      Incorrect transposition of Directive 85/337/EEC)
                         (98/C 397/01)
                                                                         Ð by not requiring an environmental impact
                                                                             assessment for all projects on which such an
                (Language of the case: German)                               assessment had to be carried out in compliance
                                                                             with that directive, where the consent procedure
 (Provisional translation; the definitive translation will be                was commenced after 8 July 1988, and
           published in the European Court Reports)
                                                                         Ð by excluding in advance from the environmental
In Case C-301/95: Commission of the European                                 impact assessment requirement whole classes of
Communities (Agent: Götz zur Hausen) v. Federal                              projects listed in Annex II to that directive,
Republic of Germany (Agent: Ernst Röder, assisted by
Dieter Sellner) Ð application for a declaration that the
Federal Republic of Germany has failed to comply with its
obligations under Articles 5 and 189 of the EC Treaty and                the Federal Republic of Germany has failed to fulfil its
under Council Directive 85/337/EEC of 27 June 1985 on                    obligations under Articles 2(1), 4(2) and 12(1) and (2)
the assessment of the effects of certain public and private              of that directive;
projects on the environment (OJ L 175, 5.7.1985, p. 40),
in particular Articles 2, 3, 5(2), 6(2), 8, 9 and 12(1) and
(2) thereof Ð the Court (Sixth Chamber), composed of:                2. Dismisses the remainder of the application;
P. J. G. Kapteyn, President of the Chamber, G. F. Mancini,
J. L. Murray, H. Ragnemalm and K. M. Ioannou
(Rapporteur), Judges; J. Mischo, Advocate General; H. A.
                                                                     3. Orders the Federal Republic of Germany to bear the
Rühl, Principal Administrator, for the Registrar, gave a
                                                                         costs.
judgment on 22 October 1998, in which it:
1. Declares that,                                                    (1) OJ C 299, 11.11.1995.
     Ð by failing to take the necessary measures to
          comply with Council Directive 85/337/EEC of