# C_2015118EN.01000701.xml

| 13.4.2015 | EN | Official Journal of the European Union | C 118/7 |
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13.4.2015

EN

Official Journal of the European Union

C 118/7

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Judgment of the Court (Second Chamber) of 11 February 2015 (request for a preliminary ruling from the Verwaltungsgerichtshof — Austria) — Marktgemeinde Straßwalchen and Others v Bundesminister für Wirtschaft, Familie und Jugend

(Case C-531/13) (1)

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((Environment - Directive 85/337/EEC - Assessment of the impact of certain public and private projects on the environment - Projects in respect of which an assessment must or must not be carried out - Exploratory drilling operations - Point 14 of Annex I - Notion of ‘extraction of oil and natural gas for commercial purposes’ - Obligation to carry out an assessment where a certain quantity of gas is extracted - Point 2(d) of Annex II - Notion of ‘deep drilling’ - Point 1 of Annex III - Notion of ‘cumulation with other projects’))

(2015/C 118/09)

Language of the case: German

Referring court

Referring court

Verwaltungsgerichtshof

Parties to the main proceedings

Parties to the main proceedings

Applicants: Marktgemeinde Straßwalchen, Heinrich Kornhuber, Helga Kornhuber, Karoline Pöckl, Heinze Kornhuber, Marianne Kornhuber, Wolfgang Kornhuber, Andrea Kornhuber, Alois Herzog, Elfriede Herzog, Katrin Herzog, Stefan Asen, Helmut Zopf, Ingrid Zopf, Silvia Zopf, Daniel Zopf, Maria Zopf, Anton Zopf sen., Paula Loibichler, Theresa Baumann, Josep Schindlauer, Christine Schindlauer, Barbara Schindlauer, Bernhard Schindlauer, Alois Mayrhofer, Daniel Mayrhofer, Georg Rindberger, Maria Rindlberger, Georg Rindlberger sen., Max Herzog, Romana Herzog, Michael Herzog, Markus Herzog, Marianne Herzog, Max Herzog sen., Helmut Lettner, Maria Lettner, Anita Lettner, Alois Lettner sen., Christian Lettner, Sandra Lettner, Anton Nagelseder, Amalie Nagelseder, Josef Nagelseder, Gabriele Schachinger, Thomas Schachinger, Andreas Schinagl, Michaela Schinagl, Lukas Schinagl, Michael Schinagl, Maria Schinagl, Josef Schinagl, Johannn Mayr, Christine Mayr, Martin Mayr, Christian Mayr, Johann Mayr sen., Gerhard Herzog, Anton Mayrhofer, Siegfried Zieher

Applicants:

Defendant: Bundesminister für Wirtschaft, Familie und Jugend

Defendant:

Appearing before the Court: Rohöl-Aufsuchungs AG

Appearing before the Court:

Operative part of the judgment

Operative part of the judgment

| 1) | Point 14 of Annex I to Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment, as amended by Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009, must be interpreted as meaning that an exploratory drilling operation, such as that at issue in the main proceedings, in which an attempt to extract petroleum and natural gas is to be made to ascertain whether a reservoir is commercially viable is not covered by that provision; |
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1)

Point 14 of Annex I to Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment, as amended by Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009, must be interpreted as meaning that an exploratory drilling operation, such as that at issue in the main proceedings, in which an attempt to extract petroleum and natural gas is to be made to ascertain whether a reservoir is commercially viable is not covered by that provision;

| 2) | Article 4(2) of Directive 85/337, as amended by Directive 2009/31, read in conjunction with point 2(d) of Annex II to that directive, must be interpreted as meaning that the obligation to carry out an environmental impact assessment in respect of deep drilling, such as the exploratory drilling operation at issue in the main proceedings, may follow from that provision. The competent qnational authorities must therefore examine in particular whether, having regard to the criteria set out in Annex III to Directive 85/337, as amended by Directive 2009/31, an environmental impact assessment must be carried out. In that context, it is appropriate in particular to examine whether the effects on the environment of exploratory drilling operations could, because of the effects of other projects, be greater than where there were no other such projects. That assessment cannot be limited by municipal boundaries. |
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2)

Article 4(2) of Directive 85/337, as amended by Directive 2009/31, read in conjunction with point 2(d) of Annex II to that directive, must be interpreted as meaning that the obligation to carry out an environmental impact assessment in respect of deep drilling, such as the exploratory drilling operation at issue in the main proceedings, may follow from that provision. The competent qnational authorities must therefore examine in particular whether, having regard to the criteria set out in Annex III to Directive 85/337, as amended by Directive 2009/31, an environmental impact assessment must be carried out. In that context, it is appropriate in particular to examine whether the effects on the environment of exploratory drilling operations could, because of the effects of other projects, be greater than where there were no other such projects. That assessment cannot be limited by municipal boundaries.

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(1)  OJ C 15, 18.1.2014.

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