Abstract
161 Recent Case-Law of the European Court of Justice and the Court of First Instance* Environmental I m pact Assessment t Implementation of a project without examination of an alternative solution ECJ, Judgment of 26 October 2oo6 - Case C-239/04 - infringement proceeding Commission v Portugal On those grounds, the Court (Second Chamber) hereby: Declares that, by implementing a project for a motorway whose route crosses the Castro Verde special protection area, notwithstanding the nega- tive environmental impact assessment and without having demonstrated the absence of alternative solutions for the route concerned, the Portuguese Republic has failed to fulfil its
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