Source: All England Reporter
Publisher Citation: [2013] All ER (D) 05 (May)
Court: Court of Justice of the European Union (Fourth Chamber)
Judge:

Judges Bay Larsen (Rapporteur), President of the Chamber, Malenovsky, Lõhmus, Safjan, Prechal, Advocate General: Wathelet

Judgment Dates: 18 April 2013

Catchwords

European Union - Environment - Project likely to affect the environment - Environmental impact assessment - Town and Country Planning - German municipality preparing building plans for urban development - Persons objecting and challenging lawfulness of plan - Municipality arguing that procedure lawful - Whether relevant EU directive precluding national legislation at issue - Council Directive (EC) 2001/42, arts 3(4), (5).

The Case

European Union Environment. The Court of Justice of the European Union made a preliminary ruling concerning the interpretation of art3(4) and (5) of Council Directive (EC) 2001-42 of the European Parliament and of the Council of 27 June 2001 (on the assessment of the effects of certain plans and programmes on the environment). The request had been made in the course of proceedings between L and M, a municipality, concerning the legal validity of a building plan prepared by M without an environmental assessment, as required by that directive, having been carried out.

Practice Areas

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