C 165/10
EN
Official Journal of the European Union
19.4.2022
Judgment of the Court (Grand Chamber) of 22 February 2022 (request for a preliminary ruling from the Bundesverwaltungsgericht — Germany) — Bund Naturschutz in Bayern eV v Landkreis Rosenheim (Case C-300/20) (1) (Reference for a preliminary ruling — Environment — Directive 2001/42/EC — Assessment of the effects of certain plans and programmes on the environment — Article 2(a) — Concept of ‘plans and programmes’ — Article 3(2)(a) — Measures prepared for certain sectors and setting a framework for future development consent of projects listed in Annexes I and II to Directive 2011/92/EU — Article 3(4) — Measures setting a framework for future development consent of projects — Landscape conservation regulation adopted by a local authority) (2022/C 165/10) Language of the case: German Referring court Bundesverwaltungsgericht
Parties to the main proceedings Applicant and appellant in the appeal on a point of law: Bund Naturschutz in Bayern eV
Defendant and respondent in the appeal on a point of law: Landkreis Rosenheim
Intervening parties: Landesanwaltschaft Bayern and Vertreter des Bundesinteresses beim Bundesverwaltungsgericht
Operative part of the judgment 1.
Article 3(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 meaning that a national measure which is intended to protect nature and the landscape and, to that end, lays down general prohibitions and makes provision for compulsory permits without laying down sufficiently detailed rules regarding the content, preparation and implementation of the projects referred to in Annexes I and II to Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment does not fall within the scope of that provision.
2.
Article 3(4) of Directive 2001/42 must be interpreted as meaning that a national measure which is intended to protect nature and the landscape and, to that end, lays down general prohibitions and makes provision for compulsory permits without laying down sufficiently detailed rules regarding the content, preparation and implementation of projects does not fall within the scope of that provision.
(1)
OJ C 304, 14.9.2020.