Opinion of the Advocate General — ECLI:EU:C:2019:449
Date: 2019-05-23
Language of the case: Greek
Subject matter: Environment;Fundamental rights;Charter of Fundamental Rights
Procedure: Reference for a preliminary ruling
Origin: Greece

Request for a preliminary ruling from the Symvoulio tis Epikrateias (Greece) lodged on 24 April 2018 — Alain Flausch, Andrea Bosco, Estienne Roger Jean Pierre Albrespy, Association registered as Syndesmos Iiton, Association registered as Elliniko Diktyo — Filoi tis Fysis, Association registered as Syllogos Prostasias kai Perithalpsis Agias Zois (SPPAZ) v Ypourgos Perivallontos kai Energeias, Ypourgos Oikonomikon, Ypourgos Tourismou, Ypourgos Naftilias kai Nisiotikis Politikis (Case C-280/18) Language of the case: Greek Referring court Symvoulio tis Epikrateias Parties to the main proceedings Applicants: Alain Flausch, Andrea Bosco, Estienne Roger Jean Pierre Albrespy, Association registered as Syndesmos Iiton, Association registered as Elliniko Diktyo — Filoi tis Fysis, Association registered as Syllogos Prostasias kai Perithalpsis Agias Zois (SPPAZ) Defendants: Ypourgos Perivallontos kai Energeias, Ypourgos Oikonomikon, Ypourgos Tourismou, Ypourgos Naftilias kai Nisiotikis Politikis Intervening party: 105 Anonymi Touristiki kai Techniki Etaireia Ekmetallefsis Akiniton Questions referred Can Articles 6 and 11 of Directive 2011/92/EU, 1 read in combination with the provisions of Article 47 of the Charter of Fundamental Rights of the European Union, be interpreted as meaning that provisions of national law as set out in paragraphs 8, 9 and 10 [of the order for reference], in which it is laid down that procedures preceding the adoption of decisions approving environmental conditions for projects and activities with a significant environmental impact (publication of environmental impact studies, public information and participation in the consultation process) are to be initiated and conducted primarily by the wider administrative unit (region) and not by the municipality concerned, are compatible with those articles? Can Articles 6 and 11 of Directive 2011/92/EU, read in combination with the provisions of Article 47 of the Charter of Fundamental Rights of the European Union, be interpreted as meaning that a system of provisions of national law as set out in the abovementioned paragraphs, which ultimately provides that publication of decisions approving the environmental conditions of projects and activities with a significant environmental impact, by means of posting them on a special website, creates a presumption of full knowledge on the part of every interested party for the purpose of exercising the legal remedy available under current legislation (application for annulment before the Symvoulio tis Epikrateias [Council of State]) within a period of sixty (60) days, is compatible with those articles, bearing in mind the legislative provisions governing publication of environmental impact studies and public information and participation during the procedure to approve the environmental conditions of those projects and activities, which provisions place the wider administrative unit (region), rather than the municipality concerned, at the centre of those procedures? ____________ 1 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 (OJ 2012 L 26, p. 1).