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Document 62006CA0247

Case C-247/06: 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 its obligations — Directive 85/337/EEC — Effects of certain projects on the environment — Heating installation — Energy production — Partial incineration of dangerous products)

SL C 327, 20.12.2008, p. 2–2 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

20.12.2008   

EN

Official Journal of the European Union

C 327/2


Judgment of the Court (Second Chamber) of 6 November 2008 — Commission of the European Communities v Federal Republic of Germany

(Case C-247/06) (1)

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

(2008/C 327/02)

Language of the case: German

Parties

Applicant: Commission of the European Communities (represented by: U. Wölker and F. Simonetti, acting as Agents)

Defendant: Federal Republic of Germany (represented by: M. Lumma and C. Schulze-Bahr, acting as Agents)

Intervener in support of the defendant: United Kingdom of Great Britain and Northern Ireland (represented by: T. Harris, I. Rao and J. Maurici, acting as Agents)

Re:

Failure of a Member State to fulfil its 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 of the judgment

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.


(1)  OJ C 190 of 12.8.2006.


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