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Document 62005CJ0037

    Решение на Съда (пети състав) от 12 януари 2006 г.
    Комисия на Европейските общности срещу Обединено кралство Великобритания и Северна Ирландия.
    Неизпълнение на задължения от държава-членка.
    Дело C-37/05.

    ECLI identifier: ECLI:EU:C:2006:31





    Judgment of the Court (Fifth Chamber) of 12 January 2006 – Commission v UnitedKingdom

    (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.

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