Opinion of the Advocate General — ECLI:EU:C:1999:427
Date: 1999-09-16
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 - inadmissible
Origin: France

Summary of the Judgment 
1. Procedure — Application initiating proceedings — Subject ¡natter of the proceed­
ings — Definition — Amendment in the course of the proceedings — Prohibited 
(Rules of Procedure of the Court of justice, Arts 38(1)(c) and 42) 
2. Environment — Conservation of natural habitats and of wild fauna and flora — 
Directive 92/43 — Special areas of conservation — Obligations of Member States 
(Council Directive 92/43, Art. 6(3)) 
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SUMMARY — CASE C-256/98 
1. Under Article 38(1 )(c) of the Rules of 
Procedure of the Court of Justice 
parties are required to state the sub­
ject-matter of the proceedings in the 
application initiating proceedings. 
Even though Article 42 of those Rules 
allows, subject to specific conditions, 
the introduction of new pleas in law, it 
is not permissible for a party to alter 
the very subject-matter of the proceed­
ings. It follows that the merits of an 
application must be determined solely 
in the light of the submissions made in 
the application initiating the proceed­
ings. 
(see para. 31) 
2. Article 6(3) of Directive 92/43 on the 
conservation of natural habitats and of 
wild fauna and flora, which requires 
the assessment of the implications of 
development plans not directly con­
nected with or necessary to the man­
agement of a site in a special area of 
conservation but likely to have a 'sig­
nificant effect' thereon, cannot author­
ise a Member State to enact national 
legislation which allows that environ­
mental impact assessment obligation 
for development plans to be waived 
because of the low costs entailed or the 
particular type of work planned. 
(see para. 39) 
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