|
23.7.2005 |
EN |
Official Journal of the European Union |
C 182/4 |
JUDGMENT OF THE COURT
(Sixth Chamber)
of 2 June 2005
in Case C-83/03 Commission of the European Communities v Italian Republic (1)
(Failure of a Member State to fulfil obligations - Environment - Directive 85/337/EEC - Assessment of the effects of projects on the environment - Construction of a marina at Fossacesia)
(2005/C 182/07)
Language of the case: Italian
In Case C-83/03 Commission of the European Communities (Agents: R. Amorosi and A. Aresu) v Italian Republic (Agent: I.M. Braguglia, assisted by M. Fiorilli, avocat) — action under Article 226 EC for failure to fulfil obligations, brought on 26 February 2003 — the Court (Sixth Chamber), composed of A. Borg Barthet, President of the Chamber, J.-P. Puissochet (Rapporteur) and S. von Bahr, Judges; D. Ruiz-Jarabo Colomer, Advocate General; R. Grass, Registrar, gave a judgment on 2 June 2005, in which it:
|
1. |
Declares that, since the Abruzzo Region did not properly determine whether the project for the construction of a marina at Fossacesia (Chieti) — a project covered by the list in Annex II to Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment — had characteristics requiring it to be made subject to a procedure to assess its effects on the environment, the Italian Republic has failed to fulfil its obligations under Article 4(2) of that directive; |
|
2. |
Orders the Italian Republic to pay the costs. |