7.2.2009

EN

Official Journal of the European Union

C 32/17

(Case C-495/08)

(2009/C 32/27)

Language of the case: English

Parties

Applicant: Commission of the European Communities (represented by: P. Oliver and J.-B. Laignelot, Agents)

Defendant: United Kingdom of Great Britain and Northern Ireland

The applicant claims that the Court should:

1.declare that by failing to provide that individual decisions not to carry out an environmental impact assessment pursuant to Article 4(2) of Council Directive 85/337/EEC (1) as amended must be supported by sufficient reasoning, and failing to make ROMP applications lodged in Wales prior to 15 November 2000 subject to the requirements of that Directive, the United Kingdom has failed to fulfil its obligations under that Directive.

2.order the United Kingdom of Great Britain and Northern Ireland to bear the costs of the present proceedings.

Pleas in law and main arguments

Under the United Kingdom legislation reasons must be given only if an Environmental Impact Assessment (EIA) is found to be necessary: if, for whatever reason, the relevant planning authority or the Secretary of State reaches the conclusion that no EIA is necessary, then nothing in the Regulations requires any reasons to be given in support of that conclusion. The Commission submits that individual decisions taken by Member States not to carry out an EIA pursuant to Article 4(2) to (4) of the directive must be supported by adequate reasoning.

Furthermore, the United Kingdom has not enacted legislation in Wales which would make Review of Mineral Planning (‘ROMP’) applications subject to the requirements of the directive.

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(1) Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment (OJ L 175, p. 40).