Judgment of the Court (Second Chamber) of 6 November 2008.#Commission of the European Communities v Federal Republic of Germany.#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.#Case C-247/06.

Subject of the case

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 L 175, p. 40), as amended by Directive 97/11/EC of 3 March 1997 (OJ 1997 L 73, 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

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.