EU Law

Friends of the Irish Environment, in accordance with EU Law requiring that the member states must take all steps necessary to ensure a high level of environmental protection, are providing a list of the legal cases taken by the European Commission against Ireland. There is no appeal against European Court judgments against Ireland and they are binding on Irish national law.

Case C-67/99 - Opinion - Habitats

OPINION OF ADVOCATE GENERAL

LÉGER

delivered on 3 May 2001 (1)

Cases C-67/99

 

[common to Cases C-67/99, C-71/99 and C-220/99, the Federal Republic of Germany and the French Republic ]


Commission of the European Communities

v

Ireland,


C-71/99


Commission of the European Communities

v

Federal Republic of Germany,


and C-220/99


Commission of the European Communities

v

French Republic


(Failure by Member States to fulfil obligations - Directive 92/43/EEC - Conservation of natural habitats and of wild fauna and flora - List of sites eligible for designation as special areas of conservation)

// Read More //

Posted By Tony Lowes on 21/11/2007 ( Reads : 2381 ) | Comments (0) | EU Law
Case C-394/00 - Judgment - Failure to transpose 96/82/EC

JUDGMENT OF THE COURT (Second Chamber)

17 January 2002 (1)

(Failure of a Member State to fulfil its obligations - Directive 96/82/EC - Failure to transpose within the prescribed period)

In Case C-394/00,

Commission of the European Communities, represented by G. zur Hausen, acting as Agent, with an address for service in Luxembourg,

applicant,

v

Ireland, represented by D. O'Hagan, acting as Agent, with an address for service in Luxembourg,

defendant,

APPLICATION for a declaration that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Council Directive 96/82/EC of 9 December 1996 on the control of major-accident hazards involving dangerous substances (OJ 1997 L 10, p. 13) or, in any event, by failing to notify the Commission of those provisions, Ireland has failed to fulfil its obligations under that directive,

// Read More //

Posted By Tony Lowes on 21/11/2007 ( Reads : 2371 ) | Comments (0) | EU Law
Case C-394/00 - Opinion - Failure to transpose 96/82/EC

OPINION OF ADVOCATE GENERAL

RUIZ-JARABO COLOMER

delivered on 11 October 2001 (1)

Case C-394/00


Commission of the European Communities

v

Ireland


(Action for failure to fulfil obligations - Directive 96/82/EC - Failure to transpose into national law within the period prescribed)

// Read More //

Posted By Tony Lowes on 21/11/2007 ( Reads : 2429 ) | Comments (0) | EU Law
Case C/02 - Irish compliance - dangerous substances aquatic

Pollution of Water Sources is not Acceptable
12/10/07

Pollution of Water Sources is not Acceptable


• Waste Water Discharge (Authorisation) Regulations 2007 Signed

• All local authority waste water discharges must be authorised

• New Regulations should result in improved water quality in rivers, lakes and coastal waters

• All sources of pollution must be tackled

// Read More //

Posted By Tony Lowes on 14/11/2007 ( Reads : 2711 ) | Comments (0) | EU Law
Case C282/02 - dangerous substances aquatic

By failing to take all the measures necessary to ensure a correct transposition and application of Council Directive 76/464/EEC1 of 4 May 1976 on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community, Ireland has failed to comply with Directive 76/464/EEC and in particular Articles 7 and 9 thereof and with its obligations under the EC Treaty.

Notice 31 July 2002

Judgment 2 June 2005

NEW!   Irish Compliance 12 October 2007

// Read More //

Posted By Tony Lowes on 14/11/2007 ( Reads : 2131 ) | Comments (0) | EU Law
Case C-282/02 - Notice - dangerous substaces aquatic

Action brought on 31 July 2002 by the Commission of the European Communities against Ireland.

(Case C-282/02)

An action against Ireland was brought before the Court of Justice of the European Communities on 31 July 2002 by the Commission of the European Communities, represented by Michael Shotter, acting as agent, with an address for service in Luxembourg.

The Applicant claims that the Court should:

-declare that, in failing to take all the measures necessary to ensure a correct transposition and application of Council Directive 76/464/EEC1 of 4 May 1976 on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community, Ireland has failed to comply with Directive 76/464/EEC and in particular Articles 7 and 9 thereof and with its obligations under the EC Treaty;

-order Ireland to pay the costs.

// Read More //

Posted By Tony Lowes on 14/11/2007 ( Reads : 2285 ) | Comments (0) | EU Law
Case C-282/02 - Judgment - dangerous substances aquatic

JUDGMENT OF THE COURT (Second Chamber)

2 June 2005 (*)

(Failure of a Member State to fulfil obligations - Water pollution - Directive 76/464/EEC)

In Case C-282/02,

ACTION under Article 226 EC for failure to fulfil obligations, brought on 31 July 2002,

Commission of the European Communities, represented by M. Shotter, acting as Agent, with an address for service in Luxembourg,

applicant,

v

Ireland, represented by D.J. O'Hagan, acting as Agent, and A.M. Collins, BL, with an address for service in Luxembourg,

defendant,

THE COURT (Second Chamber),

composed of C.W.A. Timmermans, President of the Chamber, R. Silva de Lapuerta (Rapporteur), C. Gulmann, J. Makarczyk and P. K?ris, Judges,

Advocate General: M. Poiares Maduro,

Registrar: R. Grass,

having regard to the written procedure,

having decided, after hearing the Advocate General, to proceed to judgment without an Opinion,

gives the following

// Read More //

Posted By Tony Lowes on 14/11/2007 ( Reads : 2197 ) | Comments (0) | EU Law
Case 316/00 - Drinking water polution

Failure of a Member State to fulfil its obligations - Directive 80/778/EEC - Quality of water intended for human consumption - Incomplete implementation
 

 

 

IP/07/391

Brussels, 22 March 2007

Ireland: Commission takes action to secure clean drinking water

The commission is returning to the Courts for Ireland's failure to comform to the 1998 Judgment. 

  • Opinion (24 Apr '02)
  • Judgment (14 Nov '02)
  • Return to Court Announced 22 March 2007. 'Lack of or inadequate treatment of the urban wastewater discharges of towns and villages is one of the main causes of surface water pollution in Ireland. This pollution harms fish habitats and makes it more difficult to provide safe drinking water.'

 

// Read More //

Posted By Tony Lowes on 12/11/2007 ( Reads : 3746 ) | Comments (0) | EU Law
C-327/01 - operation of aeroplanes

C-327/01

Transport        

Failure by a Member State to fulfil its obligations - Failure to implement Directive 98/20/EC on the limitation of the operation of aeroplanes  

Opinion (20 Jun '02)    

Judgment (15 Oct '02)

// Read More //

Posted By Tony Lowes on 10/11/2007 ( Reads : 1960 ) | Comments (0) | EU Law
C 494-01 Comment on Advocate General's Opinion

September 24 2004

Advocate General of the European Court of Justice reads Government the Riot Act:

A report on the health risk caused by illegal dumping carried out by the state.

Endangering human health and causing environmental harm is not what any government wants on its CV. But that is exactly what the Irish Government has been doing in the opinion of the Advocate General of the European Court of Justice. Government press people are trying to kill the story. The Government press response today (as carried in the Irish Times today) claiming that this was ancient history and that things are different now does not stand up. Already further legal action is threatened by the Commission in relation to a proposal to put a superdump next to a candidate Special Area of Conservation in Waterford. The Government tried to suppress the Commission's warning letter to it (known as a 'Reasoned Opinion'). Happily the letter came into the public domain despite that effort.

// Read More //

Posted By Tony Lowes on 07/11/2007 ( Reads : 1741 ) | Comments (0) | EU Law
Case Announced - EIA

IP/07/1524

Brussels, 17 October 2007

Ireland: Commission to bring environmental impact assessment case to the European Court of Justice

 

The European Commission has decided to refer Ireland to the European Court of Justice (ECJ) in a case concerning European Community (EC) legislation on environmental impact assessments. The case concerns provisions of Irish legislation governing the approval of incinerators and other large industrial projects and provisions governing the removal of important archaeological sites.

// Read More //

Posted By Tony Lowes on 07/11/2007 ( Reads : 1940 ) | Comments (0) | EU Law
Case C-120/01 - disposal of polychlorinates

C-120/01         Environment and consumers      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),

// Read More //

Posted By Tony Lowes on 06/11/2007 ( Reads : 1797 ) | Comments (0) | EU Law
C-370/00 - transport dangerous goods rail

C-370/00 Transport 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

// Read More //

Posted By Tony Lowes on 02/11/2007 ( Reads : 1679 ) | Comments (0) | EU Law
C-316/00 - drinking water

C-316/00 Environment and consumers Failure of a Member State to fulfil its obligations - Directive 80/778/EEC - Quality of water intended for human consumption - Incomplete implementation

// Read More //

Posted By Tony Lowes on 02/11/2007 ( Reads : 1852 ) | Comments (0) | EU Law
C-117/00 - wild birds

C-117/00 Environment and consumers 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

// Read More //

Posted By Tony Lowes on 02/11/2007 ( Reads : 1707 ) | Comments (0) | EU Law
C-461/99 - waste

C-461/99 Environment and consumers 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

 

// Read More //

Posted By Tony Lowes on 02/11/2007 ( Reads : 1641 ) | Comments (0) | EU Law
C-408/99 - Transport

C-408/99 Transport 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

// Read More //

Posted By Tony Lowes on 02/11/2007 ( Reads : 1684 ) | Comments (0) | EU Law
C-354/99 - animal experiments

C-354/99 Environment and consumers Failure to fulfil obligations - Directive 86/609/EEC regarding the protection of animals used for experimental and other scientific purposes - Incomplete implementation

 

// Read More //

Posted By Tony Lowes on 02/11/2007 ( Reads : 1606 ) | Comments (0) | EU Law
C-347/99 - transport dangerous goods road

C-347/99 Transport 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

// Read More //

Posted By Tony Lowes on 01/11/2007 ( Reads : 1629 ) | Comments (0) | EU Law
Case C-347/99 Judgment - danger/roads

JUDGMENT OF THE COURT (Second Chamber)

 

 

14 December 2000 (1)

 

 

(Failure by a Member State to fulfil its obligations - Failure to transpose Directive 95/50/EC)

 

 

In Case C-347/99,

 

 

Commission of the European Communities, represented by M. Wolfcarius, Legal Adviser, acting as Agent, with an address for service in Luxembourg at the office of C. Gómez de la Cruz, of its Legal Service, Wagner Centre, Kirchberg,

 

applicant,

 

v

 

 

Ireland, represented by M.A. Buckley, Chief State Solicitor, acting as Agent, with an address for service in Luxembourg at the Irish Embassy, 28 Route d'Arlon,

 

defendant,

 

APPLICATION for a declaration that, by failing to adopt the laws, regulations or administrative provisions necessary to comply with Council Directive 95/50/EC of 6 October 1995 on uniform procedures for checks on the transport of dangerous goods by road (OJ 1995 L 249, p. 35), or in any event by failing to inform the Commission of those measures, Ireland has failed to fulfil its obligations under that directive,

// Read More //

Posted By Tony Lowes on 01/11/2007 ( Reads : 1545 ) | Comments (0) | EU Law