Judgment of the Court (Second Chamber) of 6 November 2008 – Commission v Germany
(Case C‑247/06)
Failure of a Member State to fulfil obligations – Directive 85/337/EEC – Effects of certain projects on the environment – Heating installation – Energy production – Partial incineration of dangerous products
1.Environment – Assessment of the effects of certain projects on the environment – Directive 85/337 – Disposal of waste – Meaning (Council Directive 85/337, as amended by Directive 97/11, Arts 2(1) and 4(1) and Annex I, point 9) (see paras 28-31)
2.Actions for failure to fulfil obligations – Proof of failure – Burden of proof on Commission (Art. 226 EC) (see paras 45-47, 49-51)
Re:
| Failure of a Member State to fulfil 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 L175, p.40), as amended by Directive 97/11/EC of 3 March 1997 (OJ 1997 L73, 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
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. |