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Document 62009CA0050

Case C-50/09: Judgment of the Court (First Chamber) of 3 March 2011 — European Commission v Ireland (Failure of a Member State to fulfil obligations — Directive 85/337/EEC — Obligation of the competent environmental authority to carry out an assessment of the effects of certain projects on the environment — More than one competent authority — Need to ensure an assessment of the interaction between factors likely to be directly or indirectly affected — Application of the directive to demolition works)

OJ C 130, 30.4.2011, p. 3–3 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

30.4.2011   

EN

Official Journal of the European Union

C 130/3

Judgment of the Court (First Chamber) of 3 March 2011 — European Commission v Ireland

(Case C-50/09) (1)

(Failure of a Member State to fulfil obligations - Directive 85/337/EEC - Obligation of the competent environmental authority to carry out an assessment of the effects of certain projects on the environment - More than one competent authority - Need to ensure an assessment of the interaction between factors likely to be directly or indirectly affected - Application of the directive to demolition works)

2011/C 130/04

Language of the case: English

Parties

Applicant: European Commission (represented by: P. Oliver, C. Clyne and J.-B. Laignelot, Agents)

Defendant: Ireland (represented by: D. O’Hagan, Agent, G. Simons SC, D. McGrath BL)

Re:

Failure of a Member State to fulfil obligations — Articles 2, 3 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) — Obligation to describe and assess the direct and indirect effects of a project on the factors listed in Article 3 of the Directive

Operative part of the judgment

The Court:

1.

Declares that:

—

by failing to transpose Article 3 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 and by Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003;

—

by failing to ensure that, where Irish planning authorities and the Environmental Protection Agency both have decision-making powers concerning a project, there will be complete fulfilment of the requirements of Articles 2 to 4 of Directive 85/337, as amended by Directive 2003/35; and

—

by excluding demolition works from the scope of its legislation transposing Directive 85/337, as amended by Directive 2003/35,

Ireland has failed to fulfil its obligations under that directive;

2.

Orders Ireland to pay the costs.

(1)  OJ C 82, 4.4.2009.

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