Judgment — ECLI:EU:C:2018:640
Date: 2018-08-07
Language of the case: German
Court formation: Eighth Chamber
Subject matter: Environment
Procedure: Reference for a preliminary ruling
Origin: Austria

Summary — Judgment of the Court (Eighth Chamber), 7 August 2018 Environment — Assessment of the effects of certain projects on the environment — Directive 2011/92 — Making the projects listed in Annex II to the directive subject to assessment — Deforestation for the purposes of conversion to another type of land use — Meaning — Clearance of a path in a forest in connection with the construction and operation of an overhead electrical power line — Included (European Parliament and Council Directive 2011/92, Annex II, point 1(d)) Point 1(d) of Annex II to 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 must be interpreted as meaning that the clearance of a path in a forest for the purpose of the construction and operation of an overhead electrical power line, such as that at issue in the main proceedings, and for the duration of its lawful existence is covered by the concept of ‘deforestation for the purposes of conversion to another type of land use’ within the meaning of that provision. It follows from the wording of point 1(d) of Annex II to the directive that it does not cover any deforestation, but only deforestation operations carried out for the purpose of conferring a new use on the land concerned. It must be stated that, in so far as the clearance of a path in a forest, such as that at issue in the main proceedings, is planned for the purpose of the construction and operation of an overhead electrical power line, the land concerned is put to new use. Consequently, a clearance, such as that at issue in the main proceedings, is covered by point 1(d) of Annex II to the EIA Directive. (see paras 32, 33, 41, operative part)