Commission of the European Communities v Kingdom of Spain.

• Jurisdiction: European Union
• Celex Number: 62004CJ0332
• ECLI: ECLI:EU:C:2006:180
• Court: Court of Justice (European Union)
• Docket Number: C-332/04
• Procedure Type: Recurso por incumplimiento – fundado
• Date: 16 March 2006

Judgment of the Court (Third Chamber) of 16 March 2006 – Commission v Spain

(Case C-332/04)

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 – Interaction 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

1. Environment – Assessment of the effects of certain projects on the environment – Directive 85/337 (Council Directive 85/337, as amended by Directive 97/11, Art. 3) (see paras 33-37)

2. Acts of the institutions – Directives – Implementation by Member States – Administrative practice insufficient (Art. 249, third para., EC) (see para. 38)

3. Actions for failure to fulfil obligations – Examination of merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC) (see para. 40)

4. Community law – Interpretation – Multilingual texts (see para. 52)

5. Environment – Assessment of the effects of certain projects on the environment – ...