Written answers
Tuesday, 27 May 2008
Department of Environment, Heritage and Local Government
EU Directives
9:00 pm
Michael Creed (Cork North West, Fine Gael)
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Question 110: To ask the Minister for the Environment, Heritage and Local Government the number of legal cases conceded or lost by his Department with regard to the non-implementation of EU directives; and if he will make a statement on the matter. [18843/08]
John Gormley (Dublin South East, Green Party)
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The European Court of Justice has delivered judgments in fourteen cases relating to EU environmental laws in areas for which my Department has responsibility. In one case, case C-216/05, the Court dismissed the action by the Commission.
In thirteen cases, the Court found fully or partly against Ireland. Five of these cases have now been closed. My Department is working to meet the requirements of the court on the other eight cases, which are at various stages of proceedings as set out in the following table.
| European Court of Justice: Reference | Directive / Regulation | Date of judgement | Current stage in proceedings |
| C-392/96 | 85/337/EEC on the assessment of the effects of certain public and private projects on the environment | September 1999 | Closed, September 2005 |
| C-67/99 | 92/43/EEC on habitats | September 2001 | Article 228 Reasoned Opinion |
| C-117/00 | 79/409/EEC on wild birds | June 2002 | Article 228 Reasoned Opinion |
| C-316/00 | 80/778/EEC on the quality of drinking water for human consumption | November 2002 | Article 228 Reasoned Opinion |
| C-396/01 | 91/676/EEC on nitrates | March 2004 | Closed, October 2007 |
| C-460/03 | 2000/53/EC on end of life vehicles | October 2004 | Closed, June 2006 |
| C-406/03 | Regulation (EC) No 2037/2000 of 29 June 2000 on Substances that Deplete the Ozone Layer | October 2004 | Closed, June 2006 |
| C-494/01 | 75/442/EEC the waste directive | April 2005 | Article 228 Letter of Formal Notice |
| C-282/02 | 76/464/EEC on dangerous substances in water | June 2005 | Article 228 Reasoned Opinion |
| C-216/05 | 85/337/EEC on the assessment of the effects of certain public and private projects on the environment | November 2006 | Closed, November 2006 |
| C-183/05 | 92/43/EEC on habitats | January 2007 | European Court of Justice decision to be implemented |
| C-391/06 | 2003/4/EC on public access to environmental information | May 2007 | Closed, June 2007 |
| C-248/05 | 80/68/EEC on groundwater | October 2007 | European Court of Justice decision to be implemented |
| C-418/04 | 79/409/EEC on wild birds | December 2007 | European Court of Justice decision to be implemented |
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