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Judgment of the Court (Fifth Chamber) of 12 January 2006. # Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland. # Failure of a Member State to fulfil obligations - Directive 85/337/EEC, as amended by Directive 97/11/EC - Assessment of the effects of projects on the environment - Consents granted without assessment. # Case C-37/05.
ECLI:EU:C:2006:31
62005CJ0037
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(Case C-37/05)
Failure of a Member State to fulfil obligations – Directive 85/337/EEC, as amended by Directive 97/11/EC – Assessment of the effects of projects on the environment – Consents granted without assessment
Actions for failure to fulfil obligations – Examination of merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC) (see para. 7)
Re:
Failure of a Member State to fulfil obligations – Breach of Articles 2(1) and 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 Council Directive 97/11/EC of 3 March 1997 (OJ 1997 L 73, p. 5) – Consents granted without assessment
Operative part:
The Court:
1.Declares that, in failing to correctly transpose Articles 2(1) and 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, as amended by Council Directive 97/11/EC of 3 March 1997, the United Kingdom of Great Britain and Northern Ireland has failed to fulfil its obligations under that directive;
2.Orders the United Kingdom of Great Britain and Northern Ireland to pay the costs.