Opinion of the Advocate General — ECLI:EU:C:2005:80
Date: 2005-02-03
Language of the case: Dutch
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Environment
Procedure: Action for failure to fulfil obligations - successful;Action for failure to fulfil obligations - unfounded
Origin: Netherlands

Summary of the Judgment Environment – Conservation of natural habitats and of wild fauna and flora – Directive 92/43 – Special protection areas – Obligations of Member States – Assessment of the impact of a project on a site – Meaning (Council Directive 92/43, Art. 6(3) and (4)) It is clear from Article 6(3) of Directive 92/43 on the conservation of natural habitats and of wild fauna and flora, that in every case of a plan or project not directly connected with or necessary to the management of a site, but likely to have a significant effect thereon, either individually or in combination with other plans and projects, the competent authorities are required to carry out an appropriate assessment in that respect. It is only on completion of that assessment, which must allow a detailed analysis which satisfies the conservation objectives of the site in question, and in the light of the conclusions on the implications for the site in question of the plan or project that the competent authorities adopt a decision on it. Those authorities, when taking their decision, agree to the plan or project only after having ascertained that the planned operation does not adversely affect the integrity of the site concerned. Furthermore, those authorities must, if appropriate, obtain the opinion of the general public on that subject. However, the examination laid down in Article 6(4) must be undertaken only where the plan or project must, despite the negative conclusions resulting from the assessment required under Article 6(3) and in the absence of alternative solutions, nevertheless be carried out for imperative reasons of overriding public interest. Therefore, having regard to the particular characteristics of each of the stages referred to in Article 6, it must be held that the various requirements set out in Article 6(4) cannot constitute elements that the competent national authorities are obliged to take account of where they carry out an appropriate assessment provided for in Article 6(3). (see paras 22-26, 28)