Opinion of the Advocate General — ECLI:EU:C:2011:252
Date: 2011-04-14
Language of the case: Italian
Subject matter: Energy;Environment;Approximation of laws
Procedure: Reference for a preliminary ruling
Origin: Italy

Summary of the Judgment Environment – Conservation of natural habitats and of wild fauna and flora – Directive 92/43 – Conservation of wild birds – Directive 79/409 – Special areas of conservation forming part of the Natura 2000 Network – National rules prohibiting the location of wind turbines not intended for self‑consumption on those sites (Arts. 193 TFEU and 194(1) TFEU; European Parliament and Council Directives 2001/77 and 2009/28; Council Directives 79/409, Art. 14, and 92/43, Art. 6(3)) Directive 92/43 on the conservation of natural habitats and of wild fauna and flora, Directive 79/409 on the conservation of wild birds, Directive 2001/77 on the promotion of electricity produced from renewable energy sources in the internal electricity market and Directive 2009/28 on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directives 2001/77 and 2003/30 must be interpreted as not precluding legislation which prohibits the location of wind turbines not intended for self‑consumption on sites forming part of the Natura 2000 European Ecological Network, without any requirement for a prior assessment of the environmental impact of the project on the site specifically concerned, on condition that the principles of non‑discrimination and proportionality are respected. (see para. 75, operative part)