This document is an excerpt from the EUR-Lex website
Document C2006/131/29
Case C-332/04: Judgment of the Court (Third Chamber) of 16 March 2006 — Commission of the European Communities v Kingdom of Spain (Failure of a Member State to fulfil its obligations — Directive 85/337/EEC as amended by Directive 97/11/EC — Assessment of the effects of projects on the environment — Inter-action between factors likely to be directly and indirectly affected — Obligation to publish the impact statement — Assessment limited to urban development projects outside urban areas — Construction project for a leisure complex at Paterna)
Case C-332/04: Judgment of the Court (Third Chamber) of 16 March 2006 — Commission of the European Communities v Kingdom of Spain (Failure of a Member State to fulfil its obligations — Directive 85/337/EEC as amended by Directive 97/11/EC — Assessment of the effects of projects on the environment — Inter-action between factors likely to be directly and indirectly affected — Obligation to publish the impact statement — Assessment limited to urban development projects outside urban areas — Construction project for a leisure complex at Paterna)
Case C-332/04: Judgment of the Court (Third Chamber) of 16 March 2006 — Commission of the European Communities v Kingdom of Spain (Failure of a Member State to fulfil its obligations — Directive 85/337/EEC as amended by Directive 97/11/EC — Assessment of the effects of projects on the environment — Inter-action between factors likely to be directly and indirectly affected — Obligation to publish the impact statement — Assessment limited to urban development projects outside urban areas — Construction project for a leisure complex at Paterna)
IO C 131, 3.6.2006, p. 17–17
(ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)
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3.6.2006 |
EN |
Official Journal of the European Union |
C 131/17 |
Judgment of the Court (Third Chamber) of 16 March 2006 — Commission of the European Communities v Kingdom of Spain
(Case C-332/04) (1)
(Failure of a Member State to fulfil its obligations - Directive 85/337/EEC as amended by Directive 97/11/EC - Assessment of the effects of projects on the environment - Inter-action between factors likely to be directly and indirectly affected - Obligation to publish the impact statement - Assessment limited to urban development projects outside urban areas - Construction project for a leisure complex at Paterna)
(2006/C 131/29)
Language of the case: Spanish
Parties
Applicant: Commission of the European Communities (represented by: G. Valero Jordana and F. Simonetti, acting as Agents)
Defendant: Kingdom of Spain (represented by: M. Muñoz Perez, acting as Agent)
Re:
Failure of a Member State to fulfil its obligations — Incomplete/incorrect transposition of Arts. 3, 9(1) and Paragraph 10(b) of 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 (OJ 1985 L 175, p. 40), as amended by Council Directive 97/11/EC of 3 March 1997 (OJ 1997 L 73, p. 5) — Failure to apply the transitional scheme established by Article 3 of Directive 97/11/EC — Failure to have submitted a construction project for a leisure complex at Paterna (Valencia) for an assessment
Operative part of the judgment
The Court:
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1. |
Declares that, by failing to fully 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, by failing to transpose Article 9(1) of Directive 85/337, as amended by Directive 97/11, by failing to comply with the transitional scheme provided for by Article 3 of Directive 97/11, by failing to correctly transpose the combined provisions of Paragraph 10(b) of Annex II and Articles 2(1) and 4(2) of Directive 85/337, as amended by Directive 97/11, and by failing to submit the construction project for a leisure complex at Paterna to the procedure for the assessment of the effects on the environment and, consequently, by failing to apply the provisions of Articles 2(1), 3, 4(2), 8 and 9 of Directive 85/337, as amended by Directive 97/11, the Kingdom of Spain has failed to fulfil its obligations under that directive; |
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2. |
The Kingdom of Spain is ordered to pay the costs. |