Keywords
Summary

Keywords

1 Environment - Assessment of the environmental impact of certain projects - Directive 85/337 - National implementing measures, belatedly enacted, waiving the obligation to make an assessment in the case of consent procedures initiated before the entry into force of those measures but after the deadline for transposing the Directive - Not permissible

(Council Directive 85/337, Art. 12(1))

2 Member States - Obligations - Failure to fulfil obligations - Justification - Not permissible

(EC Treaty, Art. 169)

3 Actions for failure to fulfil obligations - Consideration of the merits by the Court - Where the alleged failure to fulfil obligations has no adverse consequences - Irrelevant

(EC Treaty, Art. 169)

4 Procedure - Costs - Discontinuance or withdrawal justified by the conduct of the other party

(Rules of Procedure of the Court of Justice, Art. 69(5))

Summary

1 Article 12(1) of Directive 85/337 on the assessment of the effects of certain public and private projects on the environment must be interpreted as not permitting a Member State which has transposed the Directive into national law after 3 July 1988 (the deadline for transposition) to waive by transitional provision the obligations concerning the environmental impact assessment required by the Directive, in the case of projects in respect of which the consent procedure was initiated before the entry into force of the national legislation transposing the Directive, but after 3 July 1988.

2 A Member State may not plead provisions, practices or circumstances existing in its internal legal system in order to justify a failure to comply with the obligations and time-limits laid down in a directive.

3 Failure by a Member State to fulfil an obligation imposed by a rule of Community law is sufficient to constitute a breach of obligations; consequently, the fact that the failure had no adverse effects has no bearing on the evaluation of the merits of an action brought under Article 169 of the Treaty.

4 Where partial withdrawal is justified by the conduct of the other party, and upon application by the withdrawing party, the other party is to be ordered to pay the costs in accordance with Article 69(5) of the Rules of Procedure of the Court of Justice.