# C_2007129EN.01000402.xml

| 9.6.2007 | EN | Official Journal of the European Union | C 129/4 |
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9.6.2007

EN

Official Journal of the European Union

C 129/4

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Reference for a preliminary ruling from the Juzgado Contencioso-Administrativo No 22 of Madrid (Spain) of 12 March 2007 — Asociación Ecologistas en Acción-CODA v Ayuntamiento de Madrid

(Case C-142/07)

(2007/C 129/06)

Language of the case: Spanish

Referring court

Juzgado Contencioso-Administrativo No 22 of Madrid

Parties to the main proceedings

Applicant: Spanish Government and the Autonomous Community of Madrid

Applicant:

Defendant: Ayuntamiento de Madrid

Defendant:

Questions referred

| 1) | Are the procedural requirements relating to environmental impact assessments arising from Council Directive 85/377/EEC (1), as amended by Council Directive 97/11/EC, of 3 March 1977 applicable to urban road projects, having regard to their nature, size and effect on densely populated areas or on landscapes of historical, cultural or archaeological significance? |
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1)

Are the procedural requirements relating to environmental impact assessments arising from Council Directive 85/377/EEC (1), as amended by Council Directive 97/11/EC, of 3 March 1977 applicable to urban road projects, having regard to their nature, size and effect on densely populated areas or on landscapes of historical, cultural or archaeological significance?

1

| 2) | Are the procedural requirements relating to environmental impact assessments arising from Council Directive 85/377/EEC, as amended by Council Directive 97/11/EC, of 3 March 1997 (2)applicable to the projects which form the subject-matter of this administrative appeal procedure, having regard to their nature, the nature of the road on which they are to be carried out, their characteristics, size, effect on the surrounding area, density of population, budget and the possible splitting up of a larger project which contemplates similar works on the same road? |
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2)

Are the procedural requirements relating to environmental impact assessments arising from Council Directive 85/377/EEC, as amended by Council Directive 97/11/EC, of 3 March 1997 (2)applicable to the projects which form the subject-matter of this administrative appeal procedure, having regard to their nature, the nature of the road on which they are to be carried out, their characteristics, size, effect on the surrounding area, density of population, budget and the possible splitting up of a larger project which contemplates similar works on the same road?

2

| 3) | Are the criteria set out in Case C-332/04 (3)
  Commission v Spain, and specifically those contained in paragraphs 69 to 88 of the judgment, applicable to the projects which are the subject-matter of these proceedings, having regard to their nature, the nature of the road on which they are to be carried out, their characteristics, size, effect on the surrounding area, budget and the possible splitting up of a larger project which contemplates similar works on the same road, such that there was a requirement to submit them to the prescribed environmental impact assessment procedure? |
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3)

Are the criteria set out in Case C-332/04 (3)
  Commission v Spain, and specifically those contained in paragraphs 69 to 88 of the judgment, applicable to the projects which are the subject-matter of these proceedings, having regard to their nature, the nature of the road on which they are to be carried out, their characteristics, size, effect on the surrounding area, budget and the possible splitting up of a larger project which contemplates similar works on the same road, such that there was a requirement to submit them to the prescribed environmental impact assessment procedure?

3

Commission

Spain

| 4) | Do the relevant administrative records and, specifically, the studies and reports contained therein, demonstrate that the Spanish authorities have, in practice, complied with the obligations arising from Council Directive 85/377/EEC, as amended by Council Directive 97/11/EC, relating to the environmental assessment of the projects which are the subject-matter of these proceedings, even if the project was not formally subjected to the prescribed environmental assessment procedure set out in the Directive? |
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4)

Do the relevant administrative records and, specifically, the studies and reports contained therein, demonstrate that the Spanish authorities have, in practice, complied with the obligations arising from Council Directive 85/377/EEC, as amended by Council Directive 97/11/EC, relating to the environmental assessment of the projects which are the subject-matter of these proceedings, even if the project was not formally subjected to the prescribed environmental assessment procedure set out in the Directive?

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(1)  Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment (OJ L 175, 5.7.1985, p. 40).

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(2)  Council Directive 97/11/EC of 3 March 1997 amending Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment (OJ L 73, 14.3.1997, p. 5).

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(3)  Commission of the European Communities v Kingdom of Spain [2006] ECR I-40.

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Commission of the European Communities

Kingdom of Spain

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