# C_2009193EN.01000501.xml

| 15.8.2009 | EN | Official Journal of the European Union | C 193/5 |
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15.8.2009

EN

Official Journal of the European Union

C 193/5

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Reference for a preliminary ruling from High Court of Justice in Northern Ireland, Queen's Bench Division (United Kingdom) made on 19 May 2009 — Seaport (NI) Limited v Department of the Environment for Northern Ireland

(Case C-182/09)

2009/C 193/05

Language of the case: English

Referring court

Referring court

High Court of Justice in Northern Ireland, Queen's Bench Division

Parties to the main proceedings

Parties to the main proceedings

Applicant: Seaport (NI) Limited

Applicant:

Defendant: Department of the Environment for Northern Ireland

Defendant:

Questions referred

Questions referred

| (1) | What is the scope of the power given to Member States under Article 13(3) of Directive 2001/42/EC (1) on the assessment of the effects of certain plans and programmes on the environment (‘the SEA Directive’) to determine that it is not feasible to require an environmental assessment of a plan or programme for which the first formal preparatory act occurred before 21 July 2004 and the matters the national authorities may take into account, on a case by case basis, in reaching such a determination? |
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(1)

What is the scope of the power given to Member States under Article 13(3) of Directive 2001/42/EC (1) on the assessment of the effects of certain plans and programmes on the environment (‘the SEA Directive’) to determine that it is not feasible to require an environmental assessment of a plan or programme for which the first formal preparatory act occurred before 21 July 2004 and the matters the national authorities may take into account, on a case by case basis, in reaching such a determination?

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| (2) | Whether it was open to the national authority of a Member State, having made a determination in 2004 that it was feasible for a plan to comply with the requirements of the SEA Directive [and having maintained that position thereafter and before the national court], to reconsider that decision and determine in November 2007 that it was not feasible for the said plan to comply with the SEA Directive? |
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(2)

Whether it was open to the national authority of a Member State, having made a determination in 2004 that it was feasible for a plan to comply with the requirements of the SEA Directive [and having maintained that position thereafter and before the national court], to reconsider that decision and determine in November 2007 that it was not feasible for the said plan to comply with the SEA Directive?

| (3) | Whether the determination process described in question 2 amounts to a retrospective determination of a non feasibility determination, and if so, does Article 13(3) of the SEA Directive permit such retrospective determinations, and if so, under what conditions? |
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(3)

Whether the determination process described in question 2 amounts to a retrospective determination of a non feasibility determination, and if so, does Article 13(3) of the SEA Directive permit such retrospective determinations, and if so, under what conditions?

| (4) | Whether the factors taken into account by the national authority in the present case in determining on 6 November 2007 that it was not feasible to carry out an environmental assessment of the Draft North Area Plan were matters which it was entitled to take into account in making such a determination pursuant to Article 13(3) of the SEA Directive? |
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(4)

Whether the factors taken into account by the national authority in the present case in determining on 6 November 2007 that it was not feasible to carry out an environmental assessment of the Draft North Area Plan were matters which it was entitled to take into account in making such a determination pursuant to Article 13(3) of the SEA Directive?

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(1)  OJ L 197, p. 30

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