# C_2011139EN.01000401.xml

| 7.5.2011 | EN | Official Journal of the European Union | C 139/4 |
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7.5.2011

EN

Official Journal of the European Union

C 139/4

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Judgment of the Court (First Chamber) of 17 March 2011 (Reference for a preliminary ruling from the Raad van State van België — Belgium) — Brussels Hoofdstedelijk Gewest and Others v Vlaamse Gewest

(Case C-275/09) (1)

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(Directive 85/337/EEC - Assessment of the effects of certain public and private projects on the environment - Airports with a runway length of 2 100 metres or more - Concept of ‘construction’ - Renewal of operating permit)

2011/C 139/05

Language of the case: Dutch

Referring court

Referring court

Raad van State van België

Parties to the main proceedings

Parties to the main proceedings

Applicants: Brussels Hoofdstedelijk Gewest, P. De Donder, F. De Becker, K. Colenbie, Ph. Hutsenbaut, B. Kockaert, VZW Boreas, F. Petit, V.S. de Burbure de Wezembeek, L. Van Dessel

Applicants:

Defendant: Vlaamse Gewest

Defendant:

Re:

Re:

Reference for a preliminary ruling — Raad van State van België — Interpretation of Annex I, paragraph 7(a), 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 (OJ 1985 L 175, p. 40) — Construction of airports with a runway length of 2 100 metres or more — Concept of ‘construction’

Operative part of the judgment

Operative part of the judgment

The second indent of Article 1(2) of, and point 7 of Annex 1 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 Council Directive 97/11/EC of 3 March 1997, are to be interpreted as meaning that:

| — | the renewal of an existing permit to operate an airport cannot, in the absence of any works or interventions involving alterations to the physical aspect of the site, be classified as a ‘project’ or‘construction’, respectively, within the meaning of those provisions; |
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the renewal of an existing permit to operate an airport cannot, in the absence of any works or interventions involving alterations to the physical aspect of the site, be classified as a ‘project’ or‘construction’, respectively, within the meaning of those provisions;

| — | however, it is for the national court to determine, on the basis of the national legislation applicable and taking account, where appropriate, of the cumulative effect of a number of works or interventions carried out since the entry into force of the directive, whether that permit forms part of a consent procedure carried out in several stages, the ultimate purpose of which is to enable activities which constitute a project within the meaning of the first indent of point 13 of Annex II, read in conjunction with point 7 of Annex I, to the directive to be carried out. If no assessment of the environmental effects of such works or interventions was carried out at the earlier stage in the consent procedure, it would be for the national court to ensure that the directive was effective by satisfying itself that such an assessment was carried out at the very least at the stage at which the operating permit was to be granted. |
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however, it is for the national court to determine, on the basis of the national legislation applicable and taking account, where appropriate, of the cumulative effect of a number of works or interventions carried out since the entry into force of the directive, whether that permit forms part of a consent procedure carried out in several stages, the ultimate purpose of which is to enable activities which constitute a project within the meaning of the first indent of point 13 of Annex II, read in conjunction with point 7 of Annex I, to the directive to be carried out. If no assessment of the environmental effects of such works or interventions was carried out at the earlier stage in the consent procedure, it would be for the national court to ensure that the directive was effective by satisfying itself that such an assessment was carried out at the very least at the stage at which the operating permit was to be granted.

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(1)  OJ C 267, 7.11.2009.

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