# C_2007140EN.01000901.xml

| 23.6.2007 | EN | Official Journal of the European Union | C 140/9 |
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23.6.2007

EN

Official Journal of the European Union

C 140/9

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Reference for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 21 March 2007 — Salvatore Aiello and Others v Comune di Milano, Sindaco di Milano, Comitato tecnico — scientifico per l'emergenza del traffico e della mobilità nella città di Milano, Provincia di Milano, Regione Lombardia, Ministero delle Infrastrutture e dei Trasporti, Ministero dell'Interno, Presidenza del Consiglio dei Ministri, Euromilano SpA, Metropolitana milanese SpA

(Case C-156/07)

(2007/C 140/15)

Language of the case: Italian

Referring court

Consiglio di Stato

Parties to the main proceedings

Applicants: Salvatore Aiello and Others

Applicants:

Defendants: Comune di Milano, Sindaco di Milano, Comitato tecnico — scientifico per l'emergenza del traffico e della mobilità nella città di Milano, Provincia di Milano, Regione Lombardia, Ministero delle Infrastrutture e dei Trasporti, Ministero dell'Interno, Presidenza del Consiglio dei Ministri, Euromilano SpA, Metropolitana milanese SpA

Defendants:

Questions referred

| 1. | Must Article 2 of Council Directive 85/337/EEC (1), in so far as it states that projects likely to have significant effects on the environment are to be made subject to an environmental impact assessment, and that such projects are defined in Article 4, be interpreted as meaning:






  — | that any project with a significant effect on the environment must, even if it is not listed in Annexes I or II to the Directive, be made subject to an environmental impact assessment; |
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1.

Must Article 2 of Council Directive 85/337/EEC (1), in so far as it states that projects likely to have significant effects on the environment are to be made subject to an environmental impact assessment, and that such projects are defined in Article 4, be interpreted as meaning:

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that any project with a significant effect on the environment must, even if it is not listed in Annexes I or II to the Directive, be made subject to an environmental impact assessment;

| — | or, conversely, that only projects of a kind listed in Annexes I and II to the Directive must be made subject to an environmental impact assessment? |
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or, conversely, that only projects of a kind listed in Annexes I and II to the Directive must be made subject to an environmental impact assessment?

| 2. | Does Article 4 of Council Directive 85/337/EEC, in so far as it gives Member States the possibility of providing for environmental impact assessments to be carried out for projects in the classes listed in Annex II on the basis of case-by-case assessments or predetermined criteria — account also being taken of the criteria set out in Annex III — create a specific obligation or merely an option for the Member States to take account of all the criteria listed in Annex III? |
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2.

Does Article 4 of Council Directive 85/337/EEC, in so far as it gives Member States the possibility of providing for environmental impact assessments to be carried out for projects in the classes listed in Annex II on the basis of case-by-case assessments or predetermined criteria — account also being taken of the criteria set out in Annex III — create a specific obligation or merely an option for the Member States to take account of all the criteria listed in Annex III?

| 3. | Does Article 1 of the Presidential Decree of 12 April 1996 constitute due transposition into national law of Article 4 of Directive 85/337/EEC and Annex III thereto by the Italian legislature, given that it does not provide, as a criterion for making projects in the classes listed in Annex II to the Directive subject to an environmental impact assessment, for the criterion of cumulation with other projects, as referred to in Annex III to the Directive? |
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3.

Does Article 1 of the Presidential Decree of 12 April 1996 constitute due transposition into national law of Article 4 of Directive 85/337/EEC and Annex III thereto by the Italian legislature, given that it does not provide, as a criterion for making projects in the classes listed in Annex II to the Directive subject to an environmental impact assessment, for the criterion of cumulation with other projects, as referred to in Annex III to the Directive?

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(1)  OJ 1985 L 175, p. 40.

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