Commission v Ireland
(42 Environmental Cases - the most recent cases are top of
the list)
Year
Started
Case Ref.
Category
Documents
Decision
Environment
Application (14
2007
C-427/07
and consumers
Sep '07)
No Judgment
Failure to adopt, in conformity with Article 2(1) and Article 4 paragraphs (2), (3) and (4)
of Council Directive 85/337/EEC1 on the assessment of the effects of certain public and
private projects on the environment as amended by Council Directive 97/11/EC, all
measures to ensure that, before consent is given, projects likely to have significant effects
on the environment in the road construction category covered by Class 10(e) of Annex II
to Directive 85/337/EEC are made subject to a requirement for development consent and
to an assessment with regard to their effects in accordance with Articles 5 to 10 of the
Directive, has failed to fulfil its obligations under Council Directive 85/337/EEC
Failure to adopt the laws, regulations or administrative provisions necessary to comply
with Articles 3(1), (3), (4), (5), (6) and (7) and 4(1), (2), (3), (4), (5) and (6) of Directive
2003/35/EC2 of the European Parliament and of the Council of 26 May 2003 providing for
public participation in respect of the drawing up of certain plans and programmes relating
to the environment and amending with regard to public participation and access to justice
Council Directive 85/337/EEC and 96/61/EC or, in any event, by failing to adequately
notify such provisions to the Commission, Ireland has failed to fulfil its obligations under
article 6 of that Directive.
Environment
Application (8
2007
C-64/07
and consumers
Feb '07)
No Judgment
Failure of a member state to transpose Directive 2004/42/EC on the limitation of
emissions of volatile organic compounds due to the use of organic solvents in certain
paints and varnishes and vehicle refinishing products and amending Directive 1999/13/EC
Approximation
Application (23
2007
C-21/07
of laws
Jan '07)
No Judgment
Failure of a member state to transpose Directive 2002/88/EC amending Directive
97/68/EC on the approximation of the laws of the Member States relating to measures
against the emission of gaseous and particulate pollutants from internal combustion
engines to be installed in non-road mobile machinery
Approximation
Application (23
2007
C-20/07
of laws
Jan '07)
No Judgment
Failure of a member state to transpose Directive 2004/26/EC amending Directive
97/68/EC on the approximation of the laws of the Member States relating to measures
against the emission of gaseous and particulate pollutants from internal combustion
engines to be installed in non-road mobile machinery.
Environment
Judgment (03
2006
C-391/06
and consumers
May '07)
Failure of a Member State to fulfil obligations – Directive 2003/4/EC – Freedom of access
to information – Environmental information – Failure to transpose within the prescribed
period
Environment
Application (20
2006
C-316/06
and consumers
Jul '06)
No Judgment
By failing, in respect of discharges from the agglomerations known as IE22, Bray, IE31,
Howth, IE34, Letterkenny, IE40, Shanaganagh, IE41, Sligo, and IE45, Tramore County
Waterford, to ensure that, before discharge, waste water entering collecting systems was
made subject to secondary treatment or an equivalent treatment at the latest by 31
December 2000 and by failing to ensure that the said discharges satisfied the relevant
requirements of Annex I.B of Council Directive 91/271/EEC1 of 30 May 1991 concerning
urban waste water treatment by the said deadline, Ireland has failed to fulfil its obligations
under Article 4(1) and 4(3) of the said Directive.
Environment
Application (11
2006
C-215/06
and consumers
May '06)
No Judgment
Failure to adopt all measures necessary to ensure that projects which are within the
scope of Directive 85/337/EEC on the assessment of the effects of certain public and
private projects on the environment1 either before or after modification by Directive
97/11/EC2 are, before they are executed are in whole or in part, first considered with
regard to the need for an environmental impact as assessment and, secondly, where likely
to have significant effects on the environment by virtue, of their nature, size or location,
made subject to an assessment with regard to their effects in accordance with Articles 5 to
10 of Directive 85/337/EEC, Ireland has failed to comply with the obligations that it has
under Articles 2, 4 and 5 to 10 of Directive 85/337/EEC, and
Failure to adopt all measures necessary to ensure that the development consents given for
and the execution of wind-farm developments and associated works at Derrybrien, County
Galway were preceded by an assessment with regard to their effects in accordance with
Articles 5 to 10 of Directive 85/337/EEC, Ireland has failed to comply with the obligations
that it has under Articles 2, 4 and 5 to 10 of the said Directive 85/337/EEC
Application (10
Mar '06)
Environment
Order (23 Aug
Removal (23
2006
C-137/06
and consumers
'06)
Aug '06)
Failure to adopt the laws, regulations or administrative provisions necessary to comply
with Directive 2002/49/EC of the European Parliament and of the Council of 25 June 2002
relating to the assessment and management of environmental noise or, in any event, by
failing to notify such provisions to the Commission, Ireland has failed to fulfil its
obligations under Article 14 of that Directive.
2006
C-66/06
Environment
and consumers
Application (6
Feb '06)
No Judgment
By not adopting, in conformity with Articles 2(1) and 4(2), (3) and (4) of the EIA
Directive, all measures to ensure that, before consent is given, projects likely to have
significant effects on the environment that belong to the categories of projects covered by
Annex II Class 1(a), (b), (c) and (f) are made subject to a requirement for development
consent and to an assessment with regard to their effects in accordance with Articles 5 to
10 of the EIA Directive
Application (29
Nov '05)
Environment
Order (08 Aug
2005
C-425/05
and consumers
'06)
Removal
Failure to provide the information on methyl bromide referred to in Article 4(2)(iii), the
information on halons referred to in Articles 4(4)(iv) and 5(3) and the information on the
schedules and results of random checks on the import of controlled substances referred to
in Article 20(3) of Regulation (EC) No 2037/20001 of the European Parliament and of the
Council of 29 June 2000 on substances that deplete the ozone layer, Ireland has failed to
fulfil its obligations under Articles 4(2)(iii), 4(4)(iv), 5(3) and 20(3) of the Regualtion
Application (22
Sep '05)
Order (16 Jun
2005
C-355/05
Energy
'06)
Removal
Failure to adopt all of the laws, regulations or administrative provisions necessary to
comply with Directive 2003/55/EC of the European Parliament and of the Council of 26
June 2003 concerning common rules for the internal market in natural gas and repealing
Directive 98/30/EC1 or, in any event, by failing to notify such provisions to the
Commission, Ireland has failed to fulfil its obligations under Article 33 of the Directive
Environment
Application (14
2005
C-248/05
and consumers
Jun '05)
No Judgment
Failure to take all the measures necessary to comply with Articles 4, 5, 7, 9 and 10 of
Council Directive 80/68/EEC1 on the protection of groundwater against pollution caused by
certain dangerous substances at Ballymurtagh landfill (County Wicklow), Ireland has failed
to comply with this Directive and with its obligations under the Treaty;
Failure to take all the measures necessary to comply with Articles 5, 7, 8, 10, 12, and 13
of Council Directive 80/68/EEC with regard to indirect discharges from septic tanks,
Ireland has failed to comply with this Directive and with its obligations under the Treaty;
Environment
Opinion (22 Jun
Judgment (09
2005
C-216/05
and consumers
'06)
Nov '06)
Failure of a Member State to fulfil obligations – Assessment of the effects of certain
projects on the environment – Directives 85/337/EEC and 97/11/EC – National legislation
– Participation by the public in certain assessment procedures upon payment of fees
Environment
Judgment (11
2005
C-183/05
and consumers
Jan '07)
Failure of a Member State to fulfil obligations – Directive 92/43/EEC – Articles 12(1) and
(2), 13(1)(b) and 16 – Conservation of natural habitats and of wild fauna and flora –
Protection of species
Environment
Judgment (14
2005
C-148/05
and consumers
June '07)
Failure of a Member State to fulfil its obligations – Directive 79/923/EEC – Quality of
shellfish waters – Designation of shellfish waters – Pollution reduction programmes –
Setting control parameters
Judgment (08
2005
C-38/05
Fisheries policy
Dec '05)
Failure of a Member State to fulfil obligations – Regulation (EEC) No 2847/93 – Control
system within the fisheries sector – Information on types and quantities of fish landed and
on fishing effort
Application (29
Sep '04)
Order (17 Mar
'05)
Environment
Opinion (14 Sep
2004
C-418/04
and consumers
'06)
No Judgment
Directive 79/409/EEC – Conservation of wild birds – Special protection areas – IBA 2000 –
Transposition and application
Judgment (18
2003
C-482/03
Transport
Nov '04)
Failure of a Member State to fulfil obligations – Directive 2001/14/EC – The Community's
railways – Allocation of infrastructure capacity, the levying of charges for the use of
infrastructure and safety certification – Failure to transpose within the prescribed period
Law governing
Opinion (18 Jan
Judgment (30
2003
C-459/03
the institutions
06)
May '06)
Failure of a Member State to fulfil obligations – United Nations Convention on the Law of
the Sea – Part XII – Protection and preservation of the marine environment – Disputesettlement system provided for under that convention – Arbitration proceedings initiated
on the basis of that system by Ireland against the United Kingdom – Dispute relating to
the MOX plant at Sellafield (United Kingdom) – Irish Sea – Articles 292 EC and 193 EA –
Undertaking not to submit a dispute relating to the interpretation or application of the
Treaty to a method of settlement other than those provided for by the Treaty – Mixed
agreement – Community competence – Articles 10 EC and 192 EA – Duty of cooperation
Environment
Application (2
Removal (28
2003
C-413/03
and consumers
Oct '03)
Jan '04)
Failure to adopt the laws, regulations and administrative provisions necessary to comply
with Directive 2001/18/EC of the European Parliament and of the Council of 12 March
2001 on the deliberate release into the environment of genetically modified organisms and
repealing Council Directive 90/220/EEC1, or by failing to notify such provisions to the
Commission, Ireland has failed to fulfil its obligations under Article 34 of this Directive.
Environment
Judgment (26
2003
C-406/03
and consumers
Oct '04)
Failure of a Member State to fulfil obligations – Regulation (EC) No 2037/2000 –
Substances that deplete the ozone layer – Incomplete implementation
Application (7
Jul '03)
Law governing
Order (01 Dec
Removal (01
2003
C-294/03
the institutions
'05)
Dec '05)
Failure to adopt the laws, regulations or administrative provisions necessary to comply
with Article 4 (2) of Council Directive 85/337/EEC of 27 June 1985 on the assessment of
the effects of certain public and private projects on the environment1 in respect of peat
extraction projects or, in any event, by failing to notify such provisions to the Commission,
Ireland has not implemented all the measures necessary to comply with the judgment of
the Court of 21 September 1999 in Case
Environment
Application (16
Removal (25
2003
C-257/03
and consumers
Jun '03)
Oct '04)
Failure to transmit to the Commission data concerning CO2 emissions from new passenger
cars in accordance with Article 4(4) of Decision No 1753/2000/EC of the European
Parliament and of the Council of 22 June 2000 establishing a scheme to monitor the
average specific emissions of CO2 from new passenger cars1, Ireland has failed to fulfil
fully its obligations under Article 4(4) of that Decision
Environment
Application (16
Removal (25
2003
C-256/03
and consumers
Jun '03)
Aug '04)
Failure to transpose Council Directive 1999/22/EC of 29 March 1999 relating to the
keeping of wild animals in zoos Ireland has failed to fulfil its obligations under the Directive
and in particular its Article 9 and under the Treaty establishing the European Community.
Environment
Application (19
Removal (14
2002
C-330/02
and consumers
Sep '02)
Oct '04)
Failure to adopt the laws, regulations and administrative provisions necessary to comply
with Council Directive 1999/13/EC1 of 11 March 1999 on the limitation of emissions of
volatile organic compounds due to the use of organic solvents in certain activities and
installations or, in any event, by failing to notify such provisions to the Commission,
Judgment (18
2002
C-317/02
Fisheries policy
Nov '04)
Failure of a Member State to fulfil obligations – Community system for fisheries –
Regulations (EEC) Nos 3760/92 and 2847/93 – Fishing quotas exceeded
Environment
Judgment (11
2002
C-67/02
and consumers
Sep '03)
Failure of a Member State to fulfil obligations - Article 5 of Directive 79/923/EEC - Quality
of shellfish waters - Pollution-reduction programme
Approximation
Opinion (30 Apr
Judgment (30
2001
C-376/01
of laws
'02)
May '02)
Failure by a Member State to fulfil its obligations - Failure to transpose Directive 98/8/EC
concerning the placing of biocidal products on the market
Application (24
Removal (31 Jul
2001
C-366/01
Transport
Sep '01)
'02)
By failing to adopt the laws, regulations or administrative provisions necessary to comply
with Commission Directive 1999/48/EC(1) of 21 May 1999 adapting for the second time to
technical progress Council Directive 96/49/EC on the approximation of the laws of the
Member States with regard to the transport of dangerous goods by rail, or in any event by
failing to
inform the Commission of those measures, Ireland has failed to fulfil its obligations under
this Directive,
Application (24
Removal (05
2001
C-365/01
Transport
Sep '01)
Jun '02)
By failing to notify the laws, regulations or administrative provisions necessary to comply
with Commission Directive 1999/47/EC(1) of 21 May 1999 adapting for the second time to
technical progress Council Directive 94/55/EC on the approximation of the laws of the
Member States with regard to the transport of dangerous goods by road, or in any event
by failing to inform the Commission of those measures, Ireland has failed to fulfil its
obligations under this Directive
Opinion (20 Jun
Judgment (15
2001
C-328/01
Transport
'02)
Oct '02)
Failure by a Member State to fulfil its obligations - Failure to implement Directive
1999/28/EC on the limitation of the operation of aeroplanes
Opinion (20 Jun
Judgment (15
2001
C-327/01
Transport
'02)
Oct '02)
Failure by a Member State to fulfil its obligations - Failure to implement Directive 98/20/EC
on the limitation of the operation of aeroplanes
Application (16
Mar '01)
Opinion (28
May '02)
Environment
Order (09 Sep
Removal (09
2001
C-120/01
and consumers
'02)
Sep '02)
Failure by 16 September 1999 to prepare and communicate to the Commission the plans,
outlines and summaries required pursuant to Articles 11 and 4(1) of Council Directive
96/59/EC of 16 September 1996 on the disposal of polychlorinated biphenyls and
polychlorinated terphenyls (PCB/PCT),
2000
C-370/00
Transport
Opinion (05 Jul
'01)
Judgment (20
Sep '01)
Failure by a Member State to fulfil its obligations - Failure to incorporate Directives
96/49/EC (on the transport of dangerous goods by rail) and 96/87/EC into national law
Environment
Opinion (24 Apr
Judgment (14
2000
C-316/00
and consumers
'98)
Nov '98)
Failure of a Member State to fulfil its obligations - Directive 80/778/EEC - Quality of water
intended for human consumption - Incomplete implementation
Environment
Opinion (07 Mar
Judgment (13
2000
C-117/00
and consumers
'02)
June '02)
Failure by a Member State to fulfil its obligations - Directives 79/409/EEC and 92/43/EEC Conservation of wild birds (specifically Red Grouse) - Special protection areas
Environment
Opinion (18 Oct
Removal (01
1999
C-461/99
and consumers
'01)
Feb '02)
Failure of a Member State to fulfil its obligations - Environment - Waste - Directives
75/442/EEC, 91/156/EEC, 91/689/EEC and 94/62/EC - Waste management plans
Opinion (25
Judgment (26
1999
C-408/99
Transport
May '00)
Sep '00)
Failure by a Member State to fulfil its obligations - Directives 94/55/EC and 96/86/EC Failure to transpose into national law within the period prescribed
Environment
Opinion (05 Apr
Judgment (18
1999
C-354/99
and consumers
'01)
Oct '01)
Failure to fulfil obligations - Directive 86/609/EEC regarding the protection of animals used
for experimental and other scientific purposes - Incomplete implementation
Opinion (12 Oct
Judgment (14
1999
C-347/99
Transport
'00)
Dec '00)
Failure by a Member State to fulfil its obligations - Failure to transpose Directive 95/50/EC
on uniform procedures for checks on the transport of dangerous goods by road
Environment
Opinion (17 Dec
Judgment (21
1996
C-392/96
and consumers
'98)
Sep '99)
Environment — Directive 85/337/EEC — Assessment of the effects of certain public or
private projects — Setting of thresholds
Opinion (16 Jul
'98)
Law relating to
Judgment (17
1996
C-353/96
undertakings
Not Available
Dec '98)
Failure of a Member State to fulfil obligations — Public supply contracts (involving Coillte
Teoranta) — Review procedures — Definition of contracting authority