# C_2016090EN.01000502.xml

| 7.3.2016 | EN | Official Journal of the European Union | C 90/5 |
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7.3.2016

EN

Official Journal of the European Union

C 90/5

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Request for a preliminary ruling from the Bayerischer Verwaltungsgerichtshof (Germany) lodged on 3 December 2015 — Bund Naturschutz in Bayern e.V., Harald Wilde v Freistaat Bayern

(Case C-645/15)

(2016/C 090/08)

Language of the case: German

Referring court

Referring court

Bayerischer Verwaltungsgerichtshof

Parties to the main proceedings

Parties to the main proceedings

Applicants: Bund Naturschutz in Bayern e.V., Harald Wilde

Applicants:

Defendant: Freistaat Bayern

Defendant:

Questions referred

Questions referred

| 1. | Should Point 7(c) of Annex I to Directive 2011/92/EU (1) of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment (the ‘EIA Directive’) be interpreted as covering also the widening of existing roads with four or more lanes? |
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1.

Should Point 7(c) of Annex I to Directive 2011/92/EU (1) of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment (the ‘EIA Directive’) be interpreted as covering also the widening of existing roads with four or more lanes?

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| 2. | If Question 1 is answered in the affirmative:
  Is Point 7(c) of Annex I to the EIA Directive more specific than Point 7(b) of Annex I to that directive and does it for that reason take priority in application? |
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2.

If Question 1 is answered in the affirmative:

Is Point 7(c) of Annex I to the EIA Directive more specific than Point 7(b) of Annex I to that directive and does it for that reason take priority in application?

| 3. | If Question 1 or Question 2 is answered in the negative:
  Does the term ‘express road’ in Point 7(b) of Annex I to the EIA Directive presuppose that the road section in question is a main international traffic artery within the meaning of the European Agreement on Main International Traffic Arteries? |
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3.

If Question 1 or Question 2 is answered in the negative:

Does the term ‘express road’ in Point 7(b) of Annex I to the EIA Directive presuppose that the road section in question is a main international traffic artery within the meaning of the European Agreement on Main International Traffic Arteries?

| 4. | If Questions 1, 2 or 3 are answered in the negative:
  Does the term ‘construction’ in Point 7(b) of Annex I to the EIA Directive apply to road-widening under which the existing route of the road does not undergo any significant alteration? |
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4.

If Questions 1, 2 or 3 are answered in the negative:

Does the term ‘construction’ in Point 7(b) of Annex I to the EIA Directive apply to road-widening under which the existing route of the road does not undergo any significant alteration?

| 5. | If Question 4 is answered in the affirmative:
  Does the term ‘construction’ in Point 7(b) of Annex I to the EIA Directive presuppose a minimum length with regard to the road section in question? If so, must this involve a continuous section of road? If so, is the minimum length more than a continuous length of 2,6 kilometres or, where the lengths of multiple separate sections of road are to be added together, more than a total of 4,4 kilometres? |
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5.

If Question 4 is answered in the affirmative:

Does the term ‘construction’ in Point 7(b) of Annex I to the EIA Directive presuppose a minimum length with regard to the road section in question? If so, must this involve a continuous section of road? If so, is the minimum length more than a continuous length of 2,6 kilometres or, where the lengths of multiple separate sections of road are to be added together, more than a total of 4,4 kilometres?

| 6. | If Question 5 is answered in the negative:
  Does the second reference in Point 7(b) of Annex I to the EIA Directive (construction of express roads) apply to a road-widening measure within a built-up area within the meaning of the European Agreement on Main International Traffic Arteries? |
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6.

If Question 5 is answered in the negative:

Does the second reference in Point 7(b) of Annex I to the EIA Directive (construction of express roads) apply to a road-widening measure within a built-up area within the meaning of the European Agreement on Main International Traffic Arteries?

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(1)  OJ 2012 L 26, p. 1.

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