30.8.2008

EN

Official Journal of the European Union

C 223/26

(Case C-255/08)

(2008/C 223/40)

Language of the case: Dutch

Parties

Applicant: Commission of the European Communities (represented by: M. van Beek and J.-B. Laignelot, Agents)

Defendant: Kingdom of the Netherlands

Form of order sought

—Declare that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Article 4(2) and (3) in conjunction with Annexes II and III of Council Directive 85/337/EEC (1) of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment, as amended by Directives 97/11/EC (2) and 2003/35/EC (3),

—order the Kingdom of the Netherlands to pay the costs.

Pleas in law and main arguments

1.According to Article 249, third paragraph, EC a directive is binding, as to the result to be achieved, upon each Member State to which it is addressed, but leaves to the national authorities the choice of form and methods.

2.The Member States must also adopt the necessary measures in order to implement directives in national law within the prescribed period and to inform the Commission of those measures.

3.In the present case, Article 3(1) of Directive 97/11/EC provides that the Member States are to bring into force the necessary provisions to comply with the directive by 14 March 1999 at the latest and to notify the Commission forthwith thereof. However, the Netherlands has failed to do so.

4.On the basis of the above the Commission must conclude that the Netherlands has failed to adopt the necessary measures to correctly implement Article 4(2) and (3) in conjunction with Annexes II and III of Directive 85/337/EEC, as amended by Directives 97/11 and 2003/35/EC, in that it has failed to apply all the criteria in Annex III to all projects in Annex II.

(1) OJ 1985 L 175, p. 40.

(2) OJ 1997 L 73, p. 5.

(3) OJ 2003 L 156, p. 17.