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Case C-526/16: Judgment of the Court (First Chamber) of 31 May 2018 — European Commission v Republic of Poland (Failure of a Member State to fulfil obligations — Directive 2011/92/EC — Assessment of the effects on the environment of drilling to locate or search for shale gas — Deep drillings — Selection criteria — Determination of thresholds)
ECLI:EU:UNKNOWN:62016CA0526
62016CA0526
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(Case C-526/16) (*1)
Language of the case: Polish
Parties
Applicant: European Commission (represented by: M. Owsiany-Hornung, D. Milanowska and C. Zadra, acting as Agents)
Defendant: Republic of Poland (represented by: B. Majczyna, D. Krawczyk, M. Orion Jędrysek, H. Schwarz and K. Majcher, acting as Agents)
Operative part of the judgment
The Court:
1.Declares that, by excluding projects to locate or search for shale gas deposits by means of drilling to a depth of 5000 metres — with the exception of drilling to a depth of more than 1000 metres in areas intended for water extraction, areas containing protected inland waters and nature protection areas in the form of national parks, nature reserves, landscape parks and ‘Natura 2000’ protection areas and the contiguous protection zones — from the procedure for determining whether an environmental impact assessment is necessary, the Republic of Poland has failed to fulfil its obligations under the combined provisions of Articles 2(1) and 4(2) and (3) of, and Annexes II and III to, Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment;
2.Orders the Republic of Poland to bear its own costs and to pay those incurred by the European Commission.
*
(1) OJ C 14, 16.1.2017.