Source: All England Reporter
Publisher Citation: [2013] All ER (D) 138 (May)
Court: Court of Justice of the European Union (Fifth Chamber)
Judge:

Judges von Danwitz (President of the Chamber), Rosas, Juhász (Rapporteur), Šváby and Vajda.

Judgment Dates: 21 March 2013

Catchwords

European Union - Environment - Environmental impact assessment - Projects likely to significantly affect environment - Assessment of the effects of certain projects on environment - Extension works to infrastructure of airport - Applicant applying to expand Salzburg airport - Airport in densely populated areas - Environmental tribunal finding expansion requiring environmental assessment - Applicant appealing to referring court - Referring court seeking preliminary ruling - Whether relevant European Union legislation precluding national legislation - Council Directive (EEC) 85/337, arts 2(1) and 4(2).

The Case

European Union Environment. The Court of Justice of the European Union made a preliminary ruling concerning the interpretation of the relevant provisions of Council Directive (EEC) 85-337 of 27 June 1985 (on the assessment of the effects of certain public and private projects on the environment), as amended by Council Directive (EC) 97-11 of 3 March 1997 (Directive 85-337). The request had been made in proceedings between Salzburger Flughafen GmbH (Salzburger Flughafen) and the Umweltsenat (Administrative Chamber for Environmental Matters) concerning the obligation to subject certain projects which expanded the infrastructure of Salzburg airport to an environmental impact assessment.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.