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Document C2005/182/07

Judgment of the Court (Sixth Chamber) of 2 June 2005 in Case C-83/03 Commission of the European Communities v Italian Republic (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)

ĠU C 182, 23.7.2005, p. 4–4 (ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)

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.


(1)  OJ C 112 of 10.05.2003


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