Case C-290/03: Reference for a preliminary ruling by the House of Lords by order of that court dated 30 June 2003, in the case of Regina against London Borough of Bromley, ex parte Diane Barker (FC)
Date: 2003-09-06
Institutions: Court of Justice
Subjects: environmental impact, interpretation of the law, town and country planning, town-planning scheme

6.9.2003

EN

Official Journal of the European Union

C 213/17

The applicant claims that the Court should:

Annul or vary Commission Decision C(2003) 1539 in connec-
tion with the exclusion from Community financing of certain
expenditure by the Member States in the context of the EAGGF
— Guarantee section, in regard to the chapter concerning
financial corrections imposed on the Hellenic Republic in the
sector of arable cultivation for the financial years 2000 and
2001.

Pleas in law and main arguments

— Misinterpretation of provisions;

— Misappraisal of factual circumstances;

— Defective statement of reasons;

— Misinterpretation and misapplication of Article 5(2)(c)
of Regulation (EEC) No 729/70 in conjunction with
Document VI/5330/97;

— Misinterpretation and misapplication of Articles 6 and 7

of Regulation No 3508/92.

Reference for a preliminary ruling by the House of Lords
by order of that court dated 30 June 2003, in the case of
Regina against London Borough of Bromley, ex parte
Diane Barker (FC)

(Case C-290/03)

(2003/C 213/29)

Reference has been made to the Court of Justice of the
European Communities by an order of the House of Lords
dated 30 June 2003, which was received at the Court Registry
on 3 July 2003, for a preliminary ruling in the case of Regina
and London Borough of Bromley, ex parte Diane Barker (FC)
on the following questions:

(1)

Is identification of ‘the decision of the competent auth-
ority or authorities which entitles the developer to
proceed with the project’ (article 1(2) of Directive 85/
337/EEC (1) (‘the Directive’)) exclusively a matter for the
national court applying national law?

(2) Does the Directive require an environmental

impact
assessment to be carried out if, following the grant of
outline planning permission subject to conditions that
reserved matters be approved, without an environmental

impact assessment being carried out,
it appears when
approval of reserved matters is sought that the project
may have significant effects on the environment by virtue
inter alia of its nature, size or location (article 2(1) of the
Directive)?

(3)

In circumstances where:

(a) national planning law provides for the grant of
outline planning permission at an initial stage of the
planning process and requires consideration by the
competent authority at that stage as to whether an
environmental
impact assessment is required for
purposes of the Directive; and

(b)

the competent authority then determines that it is
unnecessary to carry out an environmental impact
assessment and grants outline planning permission
subject to conditions reserving specified matters for
later approval; and

(c)

that decision can then be challenged in the national
courts;

may national law, consistently with the Directive, pre-
clude a competent authority from requiring that an
environmental impact assessment be carried out at a later
stage of the planning process?

(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, 05.07.1985, p. 40).

Reference for a preliminary ruling by the VAT and Duties
Tribunals, Manchester Tribunal Centre, by direction of
that court dated 30 June 2003, in the case of MyTravel plc
against Commissioners of Customs and Excise

(Case C-291/03)

(2003/C 213/30)

Reference has been made to the Court of
Justice of the
European Communities by direction of the VAT and Duties
Tribunals, Manchester Tribunal Centre, dated 30 June 2003,
which was received at the Court Registry on 4 July 2003, for a
preliminary ruling in the case of MyTravel plc and Com-
missioners of Customs and Excise on the following questions: