The European Environmental Impact Assessment: the Belgian fate and the Portuguese fortune

Abstract

European Environmental Impact Assessment: Directive 85/337/EEC of the Council

Judgment of the Court of Justice (Sixth Chamber)

2 May 1996

In Case C-133/94,

European Commission, represented by Rolf Wagenbaur, Principal Legal Adviser, and Marc H. van der Woude, Member of the Legal Service, acting as agents, with chosen domicile in Luxembourg at the office of Carlos Gómez de la Cruz, Member of the Legal Service, Centre Wagnet, Kirchberg,

Applicant,

v.

Kingdom of Belgium, represented by Jan Devadder, Director of Administration at the Ministry of Foreign Affairs, Foreign Trade and Development Cooperation, acting as agent, with chosen domicile in Luxembourg at the Embassy of Belgium, 4, rue des Girondins,

Defendant,

supported by

Federal Republic of Germany, represented by Ernst Röder, Ministerialrat at the Federal Ministry of Economy, acting as agent, D-53107 Bonn,

Intervener,

seeking a declaration that, by failing to fully and correctly transpose into Belgian law 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 L 175, p. 40; EE 15 F6, p. 9), the Kingdom of Belgium has failed to fulfill the obligations imposed on it by that Directive and by Articles 5 and 189 of the EC Treaty.