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Document 62006CJ0247

Judgment of the Court (Second Chamber) of 6 November 2008.
Commission of the European Communities v Federal Republic of Germany.
Failure of a Member State to fulfil obligations - Directive 85/337/EEC - Effects of certain projects on the environment - Heating installation - Energy production - Partial incineration of dangerous products.
Case C-247/06.

European Court Reports 2008 I-00150*

ECLI identifier: ECLI:EU:C:2008:603





Judgment of the Court (Second Chamber) of 6 November 2008 – Commission v Germany

(Case C‑247/06)

Failure of a Member State to fulfil obligations – Directive 85/337/EEC – Effects of certain projects on the environment – Heating installation – Energy production – Partial incineration of dangerous products

1.                     Environment – Assessment of the effects of certain projects on the environment – Directive 85/337 – Disposal of waste – Meaning (Council Directive 85/337, as amended by Directive 97/11, Arts 2(1) and 4(1) and Annex I, point 9) (see paras 28-31)

2.                     Actions for failure to fulfil obligations – Proof of failure – Burden of proof on Commission (Art. 226 EC) (see paras 45-47, 49-51)

Re:

Failure of a Member State to fulfil obligations – Infringement of Article 4(1), in conjunction with Annex I, point 9, 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 Directive 97/11/EC of 3 March 1997 (OJ 1997 L 73, p. 5) – Authorisation of a heating installation for the production of energy which partly incinerates dangerous waste without first carrying out an assessment of the effects on the environment – Waste disposal and waste recovery operations.

Operative part

The Court:

1.

Dismisses the action;

2.

Orders the Commission to pay the costs;

3.

Orders the United Kingdom of Great Britain and Northern Ireland to bear its own costs.

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