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C 262/16 EN Official Journal of the European Union 23.10.

2004

Action brought on 30 July 2004 by the Commission of the The applicant claims that the Court should:
European Communities against the Italian Republic

(a) declare that:


(Case C-330/04)

— by incompletely transposing Article 3 of Directive


(2004/C 262/28) 85/337/EEC (1) of 27 June 1985 on the assessment of
the effects of certain public and private projects on the
environment, as amended by Directive 97/11/EC, (2)
An action against Italian Republic was brought before the
Court of Justice of the European Communities on 30 July 2004 — by failing to transpose Article 9(1) of Directive
by the Commission of the European Communities, represented 85/337/EEC, as amended,
by Chiara Cattabriga, acting as Agent.

— by infringing the transitional rules laid down by Article


The applicant claims that the Court should: 3 of Directive 97/11/EC,

— by failing correctly to transpose point 10(b) of Annex II


1) Declare that, by failing to adopt and bring into force within to Directive 85/337/EEC, as amended, in conjunction
the prescribed period the laws, regulations and administra- with Article 2(1) and Article 4(2), and
tive provisions necessary to comply with Directive
2002/33/EC (1) of the European Parliament and of the
Council of 21 October 2002 amending Council Directives — by failing to subject to the impact assessment procedure
90/425/EEC (2) and 92/118/EEC (3) as regards health the plans for the construction of a leisure centre at
requirements for animal by-products, or in any event by Paterna (Valencia) and, consequently, by failing to apply
failing to communicate them to the Commission, the Italian Articles 2(1), 3, 4(2), 8 and 9 of Directive 85/337/EEC,
Republic has failed to fulfil its obligations under Article 3(1) as amended,
thereof; and
the Kingdom of Spain has failed to fulfil its obligations
2) Order the Italian Republic to pay the costs. under those directives;

(b) order the kingdom of Spain to pay the costs.


Pleas in law and main arguments

The period for transposing the directive expired on 16 May Pleas in law and main arguments
2003.

The Spanish legislation amending domestic law so as to make


(1) OJ L 315 of 19.11.2002, p. 14. it conform with Directive 85/337/EEC, as amended by Direc-
(2) OJ L 224 of 18.8.1990, p. 29. tive 97/11/EC, comprising essentially Royal Legislative Decree
(3) OJ L 62 of 15.3.1993, p. 49.
No 1302/1986 of 28 June 1986, on environmental impact
evaluation, as amended by Law No 6/2001 of 8 May 2001,
does not require the environmental impact assessment to eval-
uate the foreseeable effects of the interaction of various envir-
onmental factors with each other, contrary to the requirements
of Article 3 of Directive 85/337/EEC, as amended.

Action brought on 28 July 2004 by Commission of the


European Communities against Kingdom of Spain The Spanish legislation does not include an obligation to
render public the administrative decision to grant or withhold
authorisation for implementation of the project, the terms of
(Case C-332/04) the decision and the conditions attached to it, contrary to the
requirements of Directive 85/337/EEC, as amended.

(2004/C 262/29)
Articles 3(1) and (2) of Directive 97/11/EC state that the provi-
sions of that Directive are to be applied to new projects for
An action against the Kingdom of Spain was brought before which authorisation is sought on or after 14 March 1999. The
the Court of Justice of the European Communities on 28 July Spanish legislation breaches that Community provision since it
2004 by the Commission of the European Communities, repre- does not apply to private projects for which the administrative
sented by Gregorio Valero Jordana, of its Legal Service, and by authorisation procedure is pending or to public projects
Florence Simonetti, a detached national expert assigned to that already at the public information stage or already approved
service, with an address for service in Luxembourg. before 8 October 2000.