30.7.2011

EN

Official Journal of the European Union

C 226/18

(Case C-279/11)

2011/C 226/35

Language of the case: English

Parties

Applicant: European Commission (represented by: P. Oliver, Agent)

Defendant: Ireland

The applicant claims that the Court should:

—declare that, by failing to take the necessary measures to comply with the judgment of this Court in Case C-66/06 Commission v Ireland, Ireland has failed to fulfil its obligations under Article 260 TFEU;

—order Ireland to pay to the Commission a lump sum of EUR 4 174,8 multiplied by the number of days between the ruling in Case C-66/06 and either compliance by Ireland with that ruling or the judgment in the present proceedings, whichever is the sooner;

—order Ireland to pay to the Commission a penalty payment of EUR 33 080,32 from the date of the judgment in the present proceedings to the date of compliance by Ireland with the ruling in Case C-66/06; and

—order Ireland to pay the costs.

Pleas in law and main arguments

Some two and a half years after the Court’s judgment of 20 November 2008, in case C-66/06, declaring that Ireland had not adopted measures fully transposing articles 2(1) and 4(2) to (4) of Council directive 85/337/EEC (1), Ireland has still failed to take the measures necessary to comply with that judgment. Therefore, the Commission proposes that Ireland should be ordered to pay a fine and a periodic penalty payment to reflect the serious nature of that infringement and its impact on the pursuit of the objectives pursued by the Community legislature.

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 L 175, p. 40