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Case C-279/11: Judgment of the Court (Fourth Chamber) of 19 December 2012 — European Commission v Ireland (Failure of a Member State to fulfil obligations — Directive 85/337/EEC — Assessment of the effects of certain public and private projects on the environment — Incorrect transposition — Annexe II — Point 1(a) to (c) — Judgment of the Court of Justice — Finding of infringement — Article 260 TFEU — Pecuniary penalties — Lump sum payment — Member State’s ability to pay — Economic crisis — Assessment on the basis of current economic data)
ECLI:EU:UNKNOWN:62011CA0279
62011CA0279
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16.2.2013
Official Journal of the European Union
C 46/5
(Case C-279/11)(<span class="super">1</span>)
(Failure of a Member State to fulfil obligations - Directive 85/337/EEC - Assessment of the effects of certain public and private projects on the environment - Incorrect transposition - Annexe II - Point 1(a) to (c) - Judgment of the Court of Justice - Finding of infringement - Article 260 TFEU - Pecuniary penalties - Lump sum payment - Member State’s ability to pay - Economic crisis - Assessment on the basis of current economic data)
2013/C 46/08
Language of the case: English
Parties
Applicant: European Commission (represented by: P. Oliver and K. Mifsud-Bonnici, acting as Agents)
Defendant: Ireland (represented by: E. Creedon and D. O’Hagan, acting as Agents, and E. Regan, SC, and de C. Toland, BL)
Re:
Failure of a Member State to fulfil obligations — Failure to comply with the judgment of the Court of 20 November 2008 in Case C-66/06 Commission v Ireland concerning the infringement of Article 2(1) and Article 4(2) to (4) of 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 1985 L 175, p. 40), as amended by Directive 97/11/EC of 3 March 1997 (OJ 1997 L 73, p. 5) — Application for the imposition of a penalty payment and a lump sum.
Operative part of the judgment
The Court:
1.Declares that, by failing to take the measures necessary to comply with the judgment of 20 November 2008 in Case C-66/06 Commission v Ireland, Ireland has failed to fulfil its obligations under Article 260 TFEU.
2.Orders Ireland to pay to the Commission, into the account ‘European Union own resources’, a lump sum of EUR 1 500 000.
3.Orders Ireland to pay the costs.
(<span class="super">1</span>) OJ C 226, 30.7.2011.