Judgment of the Court (Fifth Chamber) of 12 January 2006.#Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland.#Failure of a Member State to fulfil obligations - Directive 85/337/EEC, as amended by Directive 97/11/EC - Assessment of the effects of projects on the environment - Consents granted without assessment.#Case C-37/05.

Subject of the case

Re:

Failure of a Member State to fulfil obligations – Breach of Articles 2(1) and 4 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), as amended by Council Directive 97/11/EC of 3 March 1997 (OJ 1997 L 73, p. 5) – Consents granted without assessment

Operative part

Operative part:

The Court:

1. Declares that, in failing to correctly transpose Articles 2(1) and 4 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/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.