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Document 62005CJ0037

Hotărârea Curții (camera a cincea) din data de 12 ianuarie 2006.
Comisia Comunităților Europene împotriva Regatului Unit al Marii Britanii și Irlandai de Nord.
Neîndeplinirea obligațiilor de către un stat membru.
Cauza C-37/05.

ECLI identifier: ECLI:EU:C:2006:31





Judgment of the Court (Fifth Chamber) of 12 January 2006 – Commission v UnitedKingdom

(Case C-37/05)

Failure of a Member State to fulfil obligations – Directive 85/337/EEC, as amended by Directive 97/11/EC – Assessment of the effects of projects on the environment – Consents granted without assessment

Actions for failure to fulfil obligations – Examination of merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC) (see para. 7)

Re:

Failure of a Member State to fulfil obligations – Breach of Articles 2(1) and 4 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 Council Directive 97/11/EC of 3 March 1997 (OJ 1997 L 73, p. 5) – Consents granted without assessment

Operative part:

The Court:

1.

Declares that, in failing to correctly transpose Articles 2(1) and 4 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/EC of 3 March 1997, the United Kingdom of Great Britain and Northern Ireland has failed to fulfil its obligations under that directive;

2.

Orders the United Kingdom of Great Britain and Northern Ireland to pay the costs.

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