Source: All England Reporter
Publisher Citation: [2006] All ER (D) 62 (May)
Court: Court of Justice of the European Communities (First Chamber)
Judge:

Judges Jann (President of the Chamber), Schiemann, Colneric, Juhasz and Levits
Judgment Dates: 4 May 2006

Catchwords

European Community - Environment - Assessment of effects of certain public and private projects on environment - Obligation to assess projects likely to have significant effects on environment - Transposition of Directive into national law - Failure to fulfil obligations - Whether respondent failing to transpose correctly requirements of Directive - Council Directive (EEC) 85/337, arts 2(1), 4(2).

The Case

The Court declared that the United Kingdom had failed to fulfil its obligations under Community law by incorrectly transposing into domestic law arts2(1) and 4(2) of Council Directive (EEC) 85-337 (on the assessment of the effects of certain public and private projects on the environment, as amended by Council Directive 97-11), as a result of the national rules under which, in the case of outline planning permission with a requirement of subsequent approval of the reserved matters, an assessment might be carried out only at the initial stage of granting such permission, and not at the later reserved matters stage.

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