Access to European Union law
<a href="https://eur-lex.europa.eu/content/help/eurlex-content/experimental-features.html" target="_blank">More about the experimental features corner</a>
Choose the experimental features you want to try
EUR-Lex
Access to European Union law

This document is an excerpt from the EUR-Lex website

You are here
Use quotation marks to search for an "exact phrase". Append an asterisk (*) to a search term to find variations of it (transp*, 32019R*). Use a question mark (?) instead of a single character in your search term to find variations of it (ca?e finds case, cane, care).
Search tips
Need more search options? Use the Advanced search

Document C2005/082/28

Case C-37/05: Action brought on 31 January 2005 by the Commission of the European Communities against the United Kingdom

OB C 82, 2.4.2005, p. 13–14 (ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)

2.4.2005   

EN

Official Journal of the European Union

C 82/13

Action brought on 31 January 2005 by the Commission of the European Communities against the United Kingdom

(Case C-37/05)

(2005/C 82/28)

Language of procedure: English

An action against the United Kingdom was brought before the Court of Justice of the European Communities on 31 January 2005 by the Commission of the European Communities, represented by Mr Michel van Beek, acting as agent, assisted by Mr Frédéric Louis, avocat, and Mr A. Capobianco, avvocato, with an address for service in Luxembourg.

The Commission requests that the Court should:

—

declare that, in failing to correctly transpose the requirements of Articles 2(1) and 4 of the Council Directive 85/337/CEE on the assessment of certain public and private projects on the environment (1) as amended by Council Directive 97/11/EC (2), the United Kingdom of Great Britain and Northern Ireland has failed to fulfil its obligations under the Directive and under the Treaty.

—

order the United Kingdom of Great Britain and Northern Ireland to pay the costs.

Pleas in law and main arguments:

A directive must be transposed into binding provisions of national law in a manner that fully satisfies the requirements of clarity and legal certainty. Administrative guidance does not ensure compliance with these requirements. A mere assurance that a practical breach of the provisions of Council directive 85/337/CEE is unlikely to arise in practice does not constitute effective transposition of that directive.

(1)  OJ L 175, 05.07.1985, p. 4

(2)  OJ L 73, 14.03.1997, p. 5

Top