Official Journal of the European Union

(Case C-247/06) (<span class="super">1</span>)

(Failure of a Member State to fulfil its obligations - Directive 85/337/EEC - Effects of certain projects on the environment - Heating installation - Energy production - Partial incineration of dangerous products)

(2008/C 327/02)

Language of the case: German

Parties

Applicant: Commission of the European Communities (represented by: U. Wölker and F. Simonetti, acting as Agents)

Defendant: Federal Republic of Germany (represented by: M. Lumma and C. Schulze-Bahr, acting as Agents)

Intervener in support of the defendant: United Kingdom of Great Britain and Northern Ireland (represented by: T. Harris, I. Rao and J. Maurici, acting as Agents)

Re:

Failure of a Member State to fulfil its obligations — Infringement of Article 4(1), in conjunction with Annex I, point 9, 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 Directive 97/11/EC of 3 March 1997 (OJ 1997 L 73, p. 5) — Authorisation of a heating installation for the production of energy which partly incinerates dangerous waste without first carrying out an assessment of the effects on the environment — Waste disposal and waste recovery operations

Operative part of the judgment

The Court:

1.dismisses the action;

2.orders the Commission to pay the costs;

3.orders the United Kingdom of Great Britain and Northern Ireland to bear its own costs.

* * *

(<span class="super">1</span> OJ C 190 of 12.8.2006)

ECLI:EU:C:2008:634

(2008/C 327/02)