Case C-567/10: Judgment of the Court (Fourth Chamber) of 22 March 2012 (reference for a preliminary ruling from the Cour constitutionnelle — Belgium) — Inter-Environnement Bruxelles ASBL, Pétitions-Patrimoine ASBL, Atelier de Recherche et d’Action Urbaines ASBL v Région de Bruxelles-Capitale (Directive 2001/42/EC — Assessment of the effects of certain plans and programmes on the environment — Concept of plans and programmes ‘which are required by legislative, regulatory or administrative provisions’ — Applicability of the directive to a procedure for the total or partial repeal of a land use plan)
Date: 2012-03-22
Institutions: Court of Justice
Subjects: environmental impact, environmental standard, landholding system








C_2012133EN.01000801.xml










5.5.2012   


EN


Official Journal of the European Union


C 133/8





Judgment of the Court (Fourth Chamber) of 22 March 2012 (reference for a preliminary ruling from the Cour constitutionnelle — Belgium) — Inter-Environnement Bruxelles ASBL, Pétitions-Patrimoine ASBL, Atelier de Recherche et d’Action Urbaines ASBL v Région de Bruxelles-Capitale
(Case C-567/10) (1)

(Directive 2001/42/EC - Assessment of the effects of certain plans and programmes on the environment - Concept of plans and programmes ‘which are required by legislative, regulatory or administrative provisions’ - Applicability of the directive to a procedure for the total or partial repeal of a land use plan)
2012/C 133/12
Language of the case: French

Referring court

Cour constitutionnelle

Parties to the main proceedings


Applicants: Inter-Environnement Bruxelles ASBL, Pétitions-Patrimoine ASBL, Atelier de Recherche et d’Action Urbaines ASBL

Defendant: Région de Bruxelles-Capitale

Re:

Reference for a preliminary ruling — Cour constitutionnelle — Interpretation of Article 2(a) of Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment (OJ 2001 L 197, p. 30) — Applicability of the directive to a procedure for the total or partial repeal of a land use plan — Interpretation of the concept of ‘plans and programmes which are required’ — Exclusion of plans the adoption of which is not compulsory

Operative part of the judgment







1.


The concept of plans and programmes ‘which are required by legislative, regulatory or administrative provisions’, appearing in Article 2(a) of Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment, must be interpreted as also concerning specific land development plans, such as the one covered by the national legislation at issue in the main proceedings.










2.


Article 2(a) of Directive 2001/42 must be interpreted as meaning that a procedure for the total or partial repeal of a land use plan, such as the procedure laid down in Articles 58 to 63 of the Brussels Town and Country Planning Code, as amended by the Order of 14 May 2009, falls in principle within the scope of that directive, so that it is subject to the rules relating to the assessment of effects on the environment that are laid down by the directive.






(1)  OJ C 63, 26.2.2011.