# C_2013226EN.01000502.xml

| 3.8.2013 | EN | Official Journal of the European Union | C 226/5 |
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3.8.2013

EN

Official Journal of the European Union

C 226/5

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Request for a preliminary ruling from the Tribunal Superior de Justicia de la Comunidad Valenciana (Spain) lodged on 30 May 2013 — Ayuntamiento de Benferri v Conselleria de Infraestructuras y Transporte, Iberdrola Distribución Eléctrica SAU

(Case C-300/13)

(2013/C 226/09)

Language of the case: Spanish

Referring court

Referring court

Tribunal Superior de Justicia de la Comunidad Valenciana, Sala de lo Contencioso-Administrativo, Sección 1

Parties to the main proceedings

Parties to the main proceedings

Applicant: Ayuntamiento de Benferri

Applicant:

Defendants: Conselleria de Infraestructuras y Transporte, Iberdrola Distribución Eléctrica SAU

Defendants:

Questions referred

Questions referred

| 1. | Is the concept of ‘construction of overhead electrical power lines with a voltage of 220 kV or more and a length of more than 15 km’ in point 20 of Annex I to Directive 85/337, (1) as amended by Directive 97/11, (2) to be interpreted as meaning that the only electricity installations it covers are overhead power lines which reach both those thresholds? |
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1.

Is the concept of ‘construction of overhead electrical power lines with a voltage of 220 kV or more and a length of more than 15 km’ in point 20 of Annex I to Directive 85/337, (1) as amended by Directive 97/11, (2) to be interpreted as meaning that the only electricity installations it covers are overhead power lines which reach both those thresholds?

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| 2. | Is the concept of ‘... transmission of electrical energy by overhead cables’ in section 3(b) of Annex II to Directive 85/337, as amended by Directive 97/11, to be interpreted as meaning that the only electrical energy transmission installations it covers are overhead power lines?
  If not: |
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2.

Is the concept of ‘... transmission of electrical energy by overhead cables’ in section 3(b) of Annex II to Directive 85/337, as amended by Directive 97/11, to be interpreted as meaning that the only electrical energy transmission installations it covers are overhead power lines?

If not:

| 3. | Is the concept of ‘... transmission of electrical energy by overhead cables’ in section 3(b) of Annex II to Directive 85/337 to be interpreted as meaning that it covers transformer substations? |
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3.

Is the concept of ‘... transmission of electrical energy by overhead cables’ in section 3(b) of Annex II to Directive 85/337 to be interpreted as meaning that it covers transformer substations?

| 4. | Is the concept of ‘... transmission of electrical energy by overhead cables’ in section 3(b) of Annex II to Directive 85/337 to be interpreted as meaning that it covers transformer substations, although the construction or extension thereof is carried out by means of a project which does not include the construction of an overhead power line? |
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4.

Is the concept of ‘... transmission of electrical energy by overhead cables’ in section 3(b) of Annex II to Directive 85/337 to be interpreted as meaning that it covers transformer substations, although the construction or extension thereof is carried out by means of a project which does not include the construction of an overhead power line?

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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 1985 L 175, 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 1997 L 73, p. 5).

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