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Case C-261/18: Judgment of the Court (Grand Chamber) of 12 November 2019 — European Commission v Ireland (Failure of a Member State to fulfil obligations — Judgment of the Court establishing a failure to fulfil obligations — Non-compliance — Directive 85/337/EEC — Consent for, and construction of, a wind farm — Project likely to have significant effects on the environment — Absence of a prior environmental impact assessment — Obligation to regularise — Article 260(2) TFEU — Application for an order to pay a penalty payment and a lump sum)
ECLI:EU:UNKNOWN:62018CA0261
62018CA0261
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13.1.2020
Official Journal of the European Union
C 10/10
(Case C-261/18) (<span class="super note-tag">1</span>)
(Failure of a Member State to fulfil obligations - Judgment of the Court establishing a failure to fulfil obligations - Non-compliance - Directive 85/337/EEC - Consent for, and construction of, a wind farm - Project likely to have significant effects on the environment - Absence of a prior environmental impact assessment - Obligation to regularise - Article 260(2) TFEU - Application for an order to pay a penalty payment and a lump sum)
(2020/C 10/11)
Language of the case: English
Parties
Applicant: European Commission (represented by: M. Noll-Ehlers and J. Tomkin, Agents)
Defendant: Ireland (represented by: M. Browne, G. Hodge and A. Joyce, Agents, and by J. Connolly and G. Simons, Senior Counsel, and G. Gilmore, Barrister-at-Law)
Operative part of the judgment
The Court:
1.Declares that, by failing to take all measures necessary to comply with the judgment of 3 July 2008, Commission v Ireland (C-215/06, EU:C:2008:380), Ireland has failed to fulfil its obligations under Article 260(1) TFEU;
2.Orders Ireland to pay the European Commission a lump sum in the amount of EUR 5 000 000;
3.Orders Ireland to pay the Commission a periodic penalty payment of EUR 15 000 per day from the date of delivery of the present judgment until the date of compliance with the judgment of 3 July 2008, Commission v Ireland (C-215/06, EU:C:2008:380);
4.Orders Ireland to pay the costs.
(<span class="super note-tag">1</span>) OJ C 240, 9.7.2018.