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Case C-538/09: Judgment of the Court (First Chamber) of 26 May 2011 — European Commission v Kingdom of Belgium (Failure of a Member State to fulfil obligations — Environment — Directive 92/43/EEC — Article 6(3) — Special areas of conservation — Appropriate assessment of the implications of a plan or project which is likely to have a significant effect on a protected site — Exemption from assessment of plans or projects which are subject to a declaratory scheme — Incorrect transposition)
ECLI:EU:UNKNOWN:62009CA0538
62009CA0538
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16.7.2011
Official Journal of the European Union
C 211/5
(Case C-538/09) (<span class="super">1</span>)
(Failure of a Member State to fulfil obligations - Environment - Directive 92/43/EEC - Article 6(3) - Special areas of conservation - Appropriate assessment of the implications of a plan or project which is likely to have a significant effect on a protected site - Exemption from assessment of plans or projects which are subject to a declaratory scheme - Incorrect transposition)
2011/C 211/07
Language of the case: French
Parties
Applicant: European Commission (represented by: D. Recchia and A. Marghelis, Agents)
Defendant: Kingdom of Belgium (represented by: T. Materne, Agent)
Re:
Failure of a Member State to fulfil obligations — Incorrect transposition of the provisions of Article 6(3) of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ 1992 L 206, p. 7) — Obligatory environmental impact assessment where a project or a plan has an effect on a ‘Natura 2000’ site
Operative part of the judgment
The Court:
1.Declares that, by not requiring an appropriate environmental impact assessment to be undertaken for certain activities, subject to a declaratory scheme, where those activities are likely to have an effect on a Natura 2000 site, the Kingdom of Belgium has failed to fulfil its obligations under Article 6(3) of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora;
2.Orders the Kingdom of Belgium to pay the costs.
(<span class="super">1</span>) OJ C 51, 27.2.2010.