Judgment of the Court (Sixth Chamber) of 12 November 2009 – Commission v United Kingdom
(Case C-495/08)
Failure of a Member State to fulfil obligations – Directive85/337/EEC – Assessment of the effects of projects on the environment – Obligation to give reasons for a decision not to make a project subject to an assessment
Actions for failure to fulfil obligations – Examination of the 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. 8)
Re:
| Failure of a Member State to fulfil obligations – Infringement of Council Directive85/337/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) – Requirement to give reasons for a decision not to make a project subject to an assessment. |
Operative part
The Court:
1. |
| Declares that, by failing to make applications for Review of Mineral Planning lodged in Wales prior to 15 November 2000 subject to the requirements of Articles2(1) and 4(2) of Council Directive85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment, as amended by Council Directive97/11/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. |