C-247/06 Commission of the European Communities v Federal Republic of Germany Date Nov 6, 2008 Source UNEP, InforMEA Court name CJEU - Judgment of the Court (Second Chamber) of 6 November 2008 Abstract Judgment of the Court (Second Chamber) of 6 November 2008 – Commission v Germany (Case C-247/06) Failure of a Member State to fulfil obligations – Directive 85/337/EEC – Effects of certain projects on the environment – Heating installation – Energy production – Partial incineration of dangerous products 1. Environment – Assessment of the effects of certain projects on the environment – Directive 85/337 – Disposal of waste – Meaning (Council Directive 85/337, as amended by Directive 97/11, Arts 2(1) and 4(1) and Annex I, point 9) (see paras 28-31) 2. Actions for failure to fulfil obligations – Proof of failure – Burden of proof on Commission (Art. 226 EC) (see paras 45-47, 49-51) Re: Operative part The Court: 1. Dismisses the action; 2. Orders the Commission to pay the costs; 3. Orders the United Kingdom of Great Britain and Northern Ireland to bear its own costs. Full text eur-lex.europa.eu