# C_2015406EN.01000401.xml

| 7.12.2015 | EN | Official Journal of the European Union | C 406/4 |
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7.12.2015

EN

Official Journal of the European Union

C 406/4

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Judgment of the Court (Second Chamber) of 15 October 2015 — European Commission v Federal Republic of Germany

(Case C-137/14) (1)

((Failure of a Member State to fulfil obligations - Directive 2011/92/EU - Assessment of the effects of certain public and private projects on the environment - Article 11 - Directive 2010/75/EU - Industrial emissions (integrated pollution prevention and control) - Article 25 - Access to justice - Non-compliant national procedural rules))

(2015/C 406/03)

Language of the case: German

Parties

Applicant: European Commission (represented by: C. Hermes and G.Wilms, acting as Agents)

Defendant: Federal Republic of Germany (represented by: T. Henze and J. Möller, acting as Agents)

Intervener in support of the defendant: Republic of Austria (represented by: C. Pesendorfer, acting as Agent)

Operative part of the judgment

The Court:

| 1. | Declares that, by restricting:






  — | under Paragraph 46 of the Law on Administrative Procedure (Verwaltungsverfahrensgesetz), the annulment of decisions on the ground of procedural defect to where there has been no environmental impact assessment or pre-assessment and to cases where the applicant establishes that there is a causal link between the procedural defect and the outcome of the decision; |
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1.

Declares that, by restricting:

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under Paragraph 46 of the Law on Administrative Procedure (Verwaltungsverfahrensgesetz), the annulment of decisions on the ground of procedural defect to where there has been no environmental impact assessment or pre-assessment and to cases where the applicant establishes that there is a causal link between the procedural defect and the outcome of the decision;

| — | in accordance with Paragraph 2(3) of the Law on supplementary provisions governing actions in environmental matters under Directive 2003/35/EC (Umwelt-Rechtsbehelfsgesetz) of 7 December 2006, as amended by the Law of 21 January 2013, the standing to bring proceedings and the scope of the review by the courts to the objections which have already been raised within the time-limit set during the administrative procedure which led to the adoption of the decision; |
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in accordance with Paragraph 2(3) of the Law on supplementary provisions governing actions in environmental matters under Directive 2003/35/EC (Umwelt-Rechtsbehelfsgesetz) of 7 December 2006, as amended by the Law of 21 January 2013, the standing to bring proceedings and the scope of the review by the courts to the objections which have already been raised within the time-limit set during the administrative procedure which led to the adoption of the decision;

| — | under Paragraph 5(1) of the Law on supplementary provisions governing actions in environmental matters under Directive 2003/35/EC (Umwelt-Rechtsbehelfsgesetz) of 7 December 2006, as amended by the Law of 21 January 2013, in procedures initiated after 25 June 2005 and closed before 12 May 2011, the standing to bring proceedings of environmental associations to the legal provisions which confer individual public-law rights; |
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under Paragraph 5(1) of the Law on supplementary provisions governing actions in environmental matters under Directive 2003/35/EC (Umwelt-Rechtsbehelfsgesetz) of 7 December 2006, as amended by the Law of 21 January 2013, in procedures initiated after 25 June 2005 and closed before 12 May 2011, the standing to bring proceedings of environmental associations to the legal provisions which confer individual public-law rights;

| — | in accordance with Paragraph 2(1), read in conjunction with Paragraph 5(4) of the Law on supplementary provisions governing actions in environmental matters under Directive 2003/35/EC (Umwelt-Rechtsbehelfsgesetz) of 7 December 2006, as amended by the Law of 21 January 2013, in procedures which were initiated after 25 June 2005 and closed before 12 May 2011, the scope of the review by the courts of actions brought by environmental associations to the legal provisions which confer individual public-law rights, and |
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in accordance with Paragraph 2(1), read in conjunction with Paragraph 5(4) of the Law on supplementary provisions governing actions in environmental matters under Directive 2003/35/EC (Umwelt-Rechtsbehelfsgesetz) of 7 December 2006, as amended by the Law of 21 January 2013, in procedures which were initiated after 25 June 2005 and closed before 12 May 2011, the scope of the review by the courts of actions brought by environmental associations to the legal provisions which confer individual public-law rights, and

| — | by excluding, in accordance with Paragraph 5(1) and (4) of the Law on supplementary provisions governing actions in environmental matters under Directive 2003/35/EC (Umwelt-Rechtsbehelfsgesetz) of 7 December 2006, as amended by the Law of 21 January 2013, from the scope of the national legislation administrative procedures initiated before 25 June 2005,
  the Federal Republic of Germany has failed to fulfil its obligations under Article 11 of Directive 2011/92/EU 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 and Article 25 of Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control); |
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by excluding, in accordance with Paragraph 5(1) and (4) of the Law on supplementary provisions governing actions in environmental matters under Directive 2003/35/EC (Umwelt-Rechtsbehelfsgesetz) of 7 December 2006, as amended by the Law of 21 January 2013, from the scope of the national legislation administrative procedures initiated before 25 June 2005,

the Federal Republic of Germany has failed to fulfil its obligations under Article 11 of Directive 2011/92/EU 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 and Article 25 of Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control);

| 2. | Dismisses the action as to the remainder; |
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2.

Dismisses the action as to the remainder;

| 3. | Orders the European Commission, the Federal Republic of Germany and the Republic of Austria to bear their own costs. |
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3.

Orders the European Commission, the Federal Republic of Germany and the Republic of Austria to bear their own costs.

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(1)  
  OJ C 159, 26.5.2014.

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