This document is an excerpt from the EUR-Lex website
Document 62018CA0261
Case C-261/18: Judgment of the Court (Grand Chamber) of 12 November 2019 — European Commission v Ireland (Failure of a Member State to fulfil obligations — Judgment of the Court establishing a failure to fulfil obligations — Non-compliance — Directive 85/337/EEC — Consent for, and construction of, a wind farm — Project likely to have significant effects on the environment — Absence of a prior environmental impact assessment — Obligation to regularise — Article 260(2) TFEU — Application for an order to pay a penalty payment and a lump sum)
Case C-261/18: Judgment of the Court (Grand Chamber) of 12 November 2019 — European Commission v Ireland (Failure of a Member State to fulfil obligations — Judgment of the Court establishing a failure to fulfil obligations — Non-compliance — Directive 85/337/EEC — Consent for, and construction of, a wind farm — Project likely to have significant effects on the environment — Absence of a prior environmental impact assessment — Obligation to regularise — Article 260(2) TFEU — Application for an order to pay a penalty payment and a lump sum)
Case C-261/18: Judgment of the Court (Grand Chamber) of 12 November 2019 — European Commission v Ireland (Failure of a Member State to fulfil obligations — Judgment of the Court establishing a failure to fulfil obligations — Non-compliance — Directive 85/337/EEC — Consent for, and construction of, a wind farm — Project likely to have significant effects on the environment — Absence of a prior environmental impact assessment — Obligation to regularise — Article 260(2) TFEU — Application for an order to pay a penalty payment and a lump sum)
OJ C 10, 13.1.2020, p. 10–10
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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13.1.2020 |
EN |
Official Journal of the European Union |
C 10/10 |
Judgment of the Court (Grand Chamber) of 12 November 2019 — European Commission v Ireland
(Case C-261/18) (1)
(Failure of a Member State to fulfil obligations - Judgment of the Court establishing a failure to fulfil obligations - Non-compliance - Directive 85/337/EEC - Consent for, and construction of, a wind farm - Project likely to have significant effects on the environment - Absence of a prior environmental impact assessment - Obligation to regularise - Article 260(2) TFEU - Application for an order to pay a penalty payment and a lump sum)
(2020/C 10/11)
Language of the case: English
Parties
Applicant: European Commission (represented by: M. Noll-Ehlers and J. Tomkin, Agents)
Defendant: Ireland (represented by: M. Browne, G. Hodge and A. Joyce, Agents, and by J. Connolly and G. Simons, Senior Counsel, and G. Gilmore, Barrister-at-Law)
Operative part of the judgment
The Court:
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1. |
Declares that, by failing to take all measures necessary to comply with the judgment of 3 July 2008, Commission v Ireland (C-215/06, EU:C:2008:380), Ireland has failed to fulfil its obligations under Article 260(1) TFEU; |
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2. |
Orders Ireland to pay the European Commission a lump sum in the amount of EUR 5 000 000; |
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3. |
Orders Ireland to pay the Commission a periodic penalty payment of EUR 15 000 per day from the date of delivery of the present judgment until the date of compliance with the judgment of 3 July 2008, Commission v Ireland (C-215/06, EU:C:2008:380); |
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4. |
Orders Ireland to pay the costs. |