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Judgment of the Court (Fifth Chamber) of 15 December 2011.#European Commission v Kingdom of Spain.#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 - Directive 92/43/EEC - Conservation of natural habitats - Projects for the widening and/or upgrading of the M-501 road in Spain - ZEP ES 0000056 'Encinares del río Alberche y río Cofio' ZEP ES0000056 - Proposed SCI ES310005 'Cuenca del río Guadarrama' and proposed SCI ES3110007 'Cuenca de los ríos Alberche y Cofio'.#Case C-560/08.
ECLI:EU:C:2011:835
62008CJ0560
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(Case C-560/08)
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 – Directive 92/43/EEC – Conservation of natural habitats – Projects for the widening and/or upgrading of the M-501 road in Spain – ZEP ES0000056 ‘Encinares del río Alberche y río Cofio’ ZEP ES0000056 – Proposed SCI ES3110005 ‘Cuenca del río Guadarrama’ and proposed SCI ES3110007 ‘Cuenca de los ríos Alberche y Cofio’
Re:
Failure of a Member State to fulfil obligations – Infringement of Articles 2(1), 3, 4(1) or 2, 5, 6(2), 8 and 9 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) and Article 6(3) and (4), read in conjunction with Articles 7 and 12(1)(b) and (d) 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), as interpreted by the judgments of the Court of Justice of 13 January 2005 in Case C‑117/03 Società Italiana Dragaggi and Others and of 14 September 2006 in Case C-244/05 Bund Naturschutz in Bayern and Others – Projects for the widening and/or upgrading of the M-501 road – ZEP ES0000056 ‘Encinares del río Alberche y río Cofio’ – Proposed SCI ES310005 ‘Cuenca del río Guadarrama’ and proposed SCI ES3110007 ‘Cuenca de los ríos Alberche y Cofio’.
Operative part
The Court:
– by Articles 2(1), 3, 4(1) or (2), as the case may be, and 5 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, as amended by Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003, in relation to separate projects for widening and/or upgrading sections 1, 2 and 4 of the M-501 road;
– by Articles 6(2) and 8 of Directive 85/337, as amended by Directive 2003/35, as regards separate projects for widening and/or upgrading of sections 2 and 4 of that road;
– by Article 9 of Directive 85/337, as amended by Directive 2003/35, in relation to separate projects for widening and/or upgrading sections 1, 2 and 4 of that road;
– by Article 6(3) and (4) of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, read in conjunction with Article 7 of that directive, in relation to separate projects for widening and/or upgrading sections 1, 2 and 4 of the M-501 road, as regards special protection area ‘Encinares del río Alberche y río Cofio’; and
– by Article 12(1)(b) and (d) of that directive, in relation to separate projects for widening and/or upgrading section 1 of the M-501 road, as regards proposed site of Community importance ES3110005 ‘Cuenca del río Guadarrama’, and sections 2 and 4 of that road, as regards proposed site of Community importance ES3110007 ‘Cuencas de los ríos Alberche y Cofio’,