Judgment of the Court (Third Chamber) of 16 March 2006.#Commission of the European Communities v Kingdom of Spain.#Failure of a Member State to fulfil its obligations - Directive 85/337/EEC as amended by Directive 97/11/EC - Assessment of the effects of projects on the environment - Inter-action between factors likely to be directly and indirectly affected - Obligation to publish the impact statement - Assessment limited to urban development projects outside urban areas - Construction project for a leisure complex at Paterna.#Case C-332/04.

Subject of the case

Re:

Failure of a Member State to fulfil obligations – Incomplete/incorrect transposition of Arts 3, 9(1) and Paragraph 10(b) of Annex II to 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) – Failure to apply the transitional scheme established by Article 3 of Directive 97/11/EC – Failure to have submitted a construction project for a leisure complex at Paterna (Valencia) for an assessment

Operative part

Operative part:

The Court:

1. Declares that, by failing fully to transpose Article 3 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, by failing to transpose Article 9(1) of Directive 85/337, as amended by Directive 97/11, by failing to comply with the transitional scheme provided for by Article 3 of Directive 97/11, by failing correctly to transpose the combined provisions of Paragraph 10(b) of Annex II and Articles 2(1) and 4(2) of Directive 85/337, as amended by Directive 97/11, and by failing to have submitted the construction project for a leisure complex at Paterna to the procedure for the assessment of the effects on the environment and, consequently, by failing to apply the provisions of Articles 2(1), 3, 4(2), 8 and 9 of Directive 85/337, as amended by Directive 97/11, the Kingdom of Spain has failed to fulfil its obligations under that directive;

2. The Kingdom of Spain is ordered to pay the costs.