JUDGMENT OF THE COURT

(Fifth Chamber)

of 29 April 2004

in Case C-117/02: Commission of the European Communities v Portuguese Republic (1)

(Failure of a Member State to fulfil obligations - Directive 85/337/EEC - Assessment of the effects of certain projects on the environment - Construction of holiday villages and hotel complexes - Failure to make a project to construct a hotel complex subject to such an assessment)

(2004/C 118/34)

Language of the case: Portuguese

In Case C-117/02: Commission of the European Communities (Agent: A. Caeiros), with an address for service in Luxembourg, v Portuguese Republic (Agents: L. Fernandes, M. Telles Romão and J. Lois) acting as Agents, with an address for service in Luxembourg — application for a declaration that, by allowing consent to be given to a planned tourism complex including residential units, hotels and golf courses, located in the area of Ponta do Abano, without an assessment of the effects of that project on the environment, the Portuguese Republic has failed to fulfil its obligations under Article 2(1) 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) — the Court (Fifth Chamber), composed of: A. Rosas (Rapporteur), acting for the President of the Fifth Chamber, A. La Pergola and S. von Bahr, Judges; A. Tizzano, Advocate General; R. Grass, Registrar, has given a judgment on 29 April 2004, in which it:

(1)  OJ C 156, 29.6.2002.