The Tacit Approval of the Environmental Impact Declaration (DIA) – Another Challenge to the Amendment of the Current Regime

Abstract

Judgment of the Court of Justice of the European Communities (Third Chamber)

14 June 2001

“State Infringement – Failure to transpose Directives 75/442/EEC, 76/464/EEC, 80/68/EEC, 84/360/EEC, and 85/337/EEC – Pollution and disturbances – Waste – Hazardous substances – Pollution of the aquatic environment – Air pollution”

In Case C-230/00,

European Commission, represented by H. van Lier as Agent, assisted by M. H. van der Woude and T. E. M. Chellingsworth, lawyers, with chosen domicile in Luxembourg, plaintiff,

v.

Kingdom of Belgium, represented by A. Snoecx as Agent, defendant,

concerning a request for a declaration that, by failing to adopt the necessary legislative, regulatory, and administrative measures to fully transpose the Directives:

• 75/442/EEC of the Council of 15 July 1975 on waste (OJ L 194, p. 39; EEC 15 F1, p. 129), as amended by Directive 91/156/EEC of 18 March 1991 (OJ L 78, p. 32),
• 76/464/EEC of the Council of 4 May 1976 on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community (OJ L 129, p. 23; EEC 15 F1, p. 165),
• 80/68/EEC of the Council of 17 December 1979 on the protection of groundwater against pollution caused by certain dangerous substances (OJ 1980, L 20, p. 43; EEC 15 F2, p. 162),
• 84/360/EEC of the Council of 28 June 1984 on combating air pollution from industrial plants (OJ L 188, p. 20; EEC 15 F5, p. 43), and
• 85/337/EEC of the Council of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment (OJ L 175, p. 40; EEC 15 F6, p. 9).