Case C-201/02: Reference for a preliminary ruling by the High Court of Justice (England and Wales), Queen's Bench Division (Administrative Court), by order of that court dated 28 March 2002, in the case of The Queen against Secretary of State for Transport, Local Government and the Regions, Ex parte: Delena Wells
Date: 2002-07-27
Institutions: Court of Justice
Subjects: environmental impact, impact study, interpretation of the law, prevention of pollution

27.7.2002

EN

Official Journal of the European Communities

C 180/13

3.

4.

In the circumstances of the present case, does the receipt
of child care by the First Appellant constitute services for
purposes of Council Directive 73/148/EEC?

In the circumstances of the present case,
is the First
Appellant precluded from residing in the host state
pursuant to Article 1 of Council Directive 90/364/EEC
because her resources are provided exclusively by her
third country national parent who accompanies her?

5. On the special facts of this case does Article 18(1) EC
give the First Appellant the right to enter and reside in
the host member state even when she does not qualify
for residence in the host state under any other provision
of EU law?

6.

7.

If so, does the Second Appellant consequently enjoy the
right to remain with the First Appellant, during that time
in the host state?

In this context, what is the effect of the principle of
respect for fundamental human rights under Community
law claimed by the Appellants, in particular where the
Appellants rely on Article 8 ECHR that everyone has the
right to respect for his private and family life and his
home in conjunction with Art 14 ECHR given that the
First Appellant cannot live in China with the Second
Appellant and her father and brother?

(1) Council Directive 73/148/EEC of 21 May 1973 on the abolition
of restrictions on movement and residence within the Community
for nationals of Member States with regard to establishment and
the provision of services, OJ L 172, 28.6.1973, p. 14.

(2) Council Directive 90/364/EEC of 28 June 1990 on the right of

residence. OJ L 180, 13.7.1990, p. 26.

Reference for a preliminary ruling by the High Court of
Justice (England and Wales), Queen’s Bench Division
(Administrative Court), by order of that court dated
28 March 2002, in the case of The Queen against Secretary
of State for Transport, Local Government and the
Regions, Ex parte: Delena Wells

of
Justice (England and Wales), Queen’s Bench Division
(Administrative Court) dated 28 March 2002, which was
received at the Court Registry on 6 May 2002, for a preliminary
ruling in the case of The Queen against Secretary of State for
Transport, Local Government and the Regions, Ex parte:
Delena Wells, on the following questions:

(a) Whether an approval of a new set of conditions on an
existing permission granted by an Interim Development
Order (‘old mining permission’) pursuant to section 22
and Schedule 2 of the Planning and Compensation Act
1991 is a ‘development consent’ for the purposes of the
EIA Directive (1)?

(b) Whether, following the approval of a new scheme of
conditions on an IDO ‘old mining permission’ under the
Planning and Compensation Act 1991, the approval of
further matters required under the new scheme of
conditions is itself capable of being a ‘development
consent’ for the purposes of the EIA Directive?

(c)

If the answer to (a) is ‘yes’ but (b) is ‘no’, is the member
state nevertheless under a continuing duty to remedy its
failure to require EIA, and if so, how?

(d) Whether (i) it is open to individual citizens to challenge
the state’s failure to require EIA, or whether (ii) that may
be prohibited under the limitations imposed by the Court
on the doctrine of direct effect e.g. by ‘horizontal direct
effect’ or by the imposition of burdens or obligations on
individuals by an emanation of the state?

(e)

If the answer to (d)(ii) is ‘yes’ what are the limits of such
prohibitions on direct effect in the present circumstances
and what steps may the UK lawfully take consistently
with the EIA Directive?

(Case C-201/02)

(2002/C 180/22)

(1) 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 L 175, 5.7.1985, p. 40.

Reference has been made to the Court of Justice of the
the High Court
European Communities by an order of