# C_2017178EN.01001101.xml

| 6.6.2017 | EN | Official Journal of the European Union | C 178/11 |
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6.6.2017

EN

Official Journal of the European Union

C 178/11

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Request for a preliminary ruling from the Conseil d’État (Belgium) lodged on 1 March 2017 — Raoul Thybaut, Johnny De Coster and Frédéric Romain v Région wallonne

(Case C-160/17)

(2017/C 178/12)

Language of the case: French

Referring court

Referring court

Conseil d’État

Parties to the main proceedings

Parties to the main proceedings

Applicants: Raoul Thybaut, Johnny De Coster and Frédéric Romain

Applicants:

Defendant: Région wallonne

Defendant:

Question referred

Question referred

Is Article 2(a) of Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment (1) to be interpreted as including in the concept of plan or programme an area prescribed by a legislative provision and adopted by a regional authority:

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| — | the sole purpose of which is to determine the boundary of a geographical area in which an urban development plan is capable of being carried out, it being understood that this plan, which must pursue a defined objective — in this case concerning renovation and development of urban functions requiring the creation, modification, extension, removal or overhang of roads and public spaces — justifies the adoption of the area, which in turn entails acceptance of the principle of this plan, but which must still be subject to planning permission which requires the assessment of effects; and |
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the sole purpose of which is to determine the boundary of a geographical area in which an urban development plan is capable of being carried out, it being understood that this plan, which must pursue a defined objective — in this case concerning renovation and development of urban functions requiring the creation, modification, extension, removal or overhang of roads and public spaces — justifies the adoption of the area, which in turn entails acceptance of the principle of this plan, but which must still be subject to planning permission which requires the assessment of effects; and

| — | which has the effect, from a procedural point of view, of allowing planning permission applications for measures or works located in this area to benefit from a special procedure, it being understood that the planning rules that were applicable to the land concerned before adoption of the area remain applicable, but that the use of this procedure may allow derogation from these rules to be obtained more easily; and |
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which has the effect, from a procedural point of view, of allowing planning permission applications for measures or works located in this area to benefit from a special procedure, it being understood that the planning rules that were applicable to the land concerned before adoption of the area remain applicable, but that the use of this procedure may allow derogation from these rules to be obtained more easily; and

| — | which enjoys a presumption of public interest for expropriations within the framework of an accompanying expropriation plan? |
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which enjoys a presumption of public interest for expropriations within the framework of an accompanying expropriation plan?

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(1)  Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment (OJ 2001 L 197, p. 30).

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