Case C‑664/15

Protect Natur-, Arten- und Landschaftsschutz Umweltorganisation

v

Bezirkshauptmannschaft Gmünd

(Request for a preliminary ruling from the Verwaltungsgerichtshof)

(Reference for a preliminary ruling — Environment — Directive 2000/60/EC — EU action in the field of water policy — Article 4(1) and Article 14(1) — Obligations to prevent deterioration of the status of bodies of surface water and encourage the active involvement of all interested parties in the implementation of the directive — Aarhus Convention — Public participation in decision-making and access to justice in environmental matters — Article 6 and Article 9(3) and (4) — Charter of Fundamental Rights of the European Union — Article 47 — Right to effective judicial protection — Project that is likely to have an impact on water status — Administrative procedure for a permit — Environmental organisation — Application seeking to secure status as a party to the administrative procedure — Possibility of relying on rights deriving from Directive 2000/60/EC — Extinction of the status of party to the procedure and of the right to bring an action if those rights are not exercised within good time during the administrative procedure)

Summary — Judgment of the Court (Second Chamber), 20 December 2017

Environment—EU action in the field of water policy—Directive 2000/60—Environmental objectives relating to surface water—Binding nature of the provisions laying down those objectives and the obligation on Member States to achieve them (Art. 4(3) TEU and Art. 19(1) TEU; Art. 288 TFEU; Directive 2000/60 of the European Parliament and of the Council, Recitals 11, 19 and 27 and Arts 1 and 4(1)(a)(i) to (iii)) Environment—Aarhus Convention—Access to justice—Remedies—Decision granting a permit for a project that is likely to have an impact on water status—National legislation making it impossible for an environmental organisation to bring an action—Not permissible (Charter of Fundamental Rights of the European Union, Art. 47; Aarhus Convention, Art. 9(3); Directive 2000/60 of the European Parliament and of the Council, Art. 4; Council Decision 2005/370) Environment—Aarhus Convention—Access to justice—Remedies—Obligation on national courts to disapply provisions of national law preventing the right to bring an action from being exercised—Scope (Aarhus Convention, Art. 9(3); Council Decision 2005/370) Environment—Aarhus Convention—Access to justice—Remedies—Decision granting a permit for a project likely to have an impact on water status—National legislation limiting the right to bring an action to those who have participated in the procedure for the grant of the permit—Not permissible (Charter of Fundamental Rights of the European Union, Art. 47; Aarhus Convention, Art. 9(3); Directive 2000/60 of the European Parliament and of the Council, Art. 14(1); Council Decision 2005/370) Environment—Aarhus Convention—Access to justice—Remedies—Decision granting a permit for a project that is likely to have an impact on water status—Limitation on the right to bring an action to those who participated in the procedure for the grant of the permit—National legislation causing a person to lose the right to bring an action when that person fails to submit objections in good time in the context of that procedure—Not permissible (Charter of Fundamental Rights of the European Union, Art. 47; Aarhus Convention Art. 9(3) and (4); Council Decision 2005/370)