EN Official Journal of the European Union C 269/8

Judgment of the Court (First Chamber) of 21 July 2011 (reference for a preliminary ruling from the Tribunale amministrativo regionale per la Puglia — Italy) — Azienda Agro-Zootecnica Franchini Sarl, Eolica di Altamura Srl v Regione Puglia

(Case C-2/10) (1)

(Environment - Directive 92/43/EEC - Conservation of natural habitats and of wild fauna and flora - Directive 79/409/EEC - Conservation of wild birds - Special areas of conservation forming part of the Natura 2000 European Ecological Network - Directives 2009/28/EC and 2001/77/EC - Renewable energy sources - National rules - Prohibition on the location of wind turbines not intended for self-consumption - No assessment of the environmental implications of the project)

2011/C 269/12

Language of the case: Italian

Referring court

Tribunale amministrativo regionale per la Puglia

Parties to the main proceedings

Applicants: Azienda Agro-Zootecnica Franchini Sarl, Eolica di Altamura Srl

Defendant: Regione Puglia

Re:

Reference for a preliminary ruling — Tribunale amministrativo regionale per la Puglia — Interpretation of Directive 2001/77/EC of the European Parliament and of the Council of 27 September 2001 on the promotion of electricity produced from renewable energy sources in the internal electricity market (OJ 2001 L 283, p. 33), Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directives 2001/77/EC and 2003/30/EC (OJ 2009 L 140, p. 16), Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds (OJ 1979 L 103, p. 1) and Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ 1992 L 206, p. 7) — Regional and national legislation prohibiting the location of any wind energy systems not intended for self-consumption in the sites of Community importance (SCIs) and special protection areas (SPAs) forming part of the ‘Natura 2000’ network — Failure to carry out an impact assessment

Operative part of the judgment

Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds, Directive 2001/77/EC of the European Parliament and of the Council of 27 September 2001 on the promotion of electricity produced from renewable energy sources in the internal electricity market and Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directives 2001/77/EC and 2003/30/EC 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.

(1) OJ C 63, 13.3.2010.