EN Official Journal of the European Union C 141/6

Judgment of the Court (Fourth Chamber) of 14 March 2013 (request for a preliminary ruling from the Oberster Gerichtshof — Austria) — Jutta Leth v Republik Österreich, Land Niederösterreich

(Case C-420/11) (1)

(Environment - Directive 85/337/EEC - Assessment of the effects of certain public and private projects on the environment - Consent for such a project without an appropriate assessment - Objectives of that assessment - Conditions to which the existence of a right to compensation are subject - Whether protection of individuals against pecuniary damage is included)

2013/C 141/09

Language of the case: German

Referring court

Oberster Gerichtshof

Parties to the main proceedings

Applicant: Jutta Leth

Defendants: Republik Österreich, Land Niederösterreich

Re:

Request for a preliminary ruling — Oberster Gerichtshof — Interpretation of Article 3 of Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment (OJ 1985 L 175, p. 40), as amended by Council Directive 97/11/EC of 3 March 1997 (OJ 1997 L 73, p. 5) and Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003 (OJ 2003 L 156, p. 17) — Authorisation of a project without an appropriate assessment of its impact on the environment — Action brought by an individual for compensation for the loss in value which the project causes to his immovable property — Objectives of the assessment of the impacts of certain public and private projects on the environment — Whether or not they include the protection of individuals against damage to their assets

Operative part of the judgment

Article 3 of Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment, as amended by Council Directive 97/11/EC of 3 March 1997 and by Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003, must be interpreted as meaning that the environmental impact assessment, as provided for in that article, does not include the assessment of the effects which the project under examination has on the value of material assets. However, pecuniary damage, in so far as it is the direct economic consequence of the effects on the environment of a public or private project, is covered by the objective of protection pursued by Directive 85/337.

The fact that an environmental impact assessment has not been carried out, in breach of the requirements of that directive, does not, in principle, by itself, according to European Union law, and without prejudice to rules of national law which are less restrictive as regards State liability, confer on an individual a right to compensation for purely pecuniary damage caused by the decrease in the value of his property as a result of the environmental effects of that project. However, it is for the national court to determine whether the requirements of European Union law applicable to the right to compensation, including the existence of a direct causal link between the breach alleged and the damage sustained, have been satisfied.

(1) OJ C 319, 29.10.2011.