CELEX: 62008CN0075
Language: en
Date: 2008-02-21 00:00:00
Title: Case C-75/08: Reference for a preliminary ruling from Court of Appeal (Civil Division) (United Kingdom) made on 21 February 2008 — The Queen on the application of Christopher Mellor v Secretary of State for Communities and Local Government

26.4.2008   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 107/20
            
         Reference for a preliminary ruling from Court of Appeal (Civil Division) (United Kingdom) made on 21 February 2008 — The Queen on the application of Christopher Mellor v Secretary of State for Communities and Local Government
   (Case C-75/08)
   (2008/C 107/31)
   Language of the case: English
   Referring court
   Court of Appeal (Civil Division)
   Parties to the main proceedings
   
      Applicant: Christopher Mellor
   
      Defendant: Secretary of State for Communities and Local Government
   Questions referred
   
               1.
            
            
               Whether under Article 4 of Council Directive 85/337/EEC (1) as amended by directives 97/11/EC (2) and 2003/35/EC (3) (‘the Directive’) Member States must make available to the public reasons for a determination that in respect of an Annex II project there is no requirement to subject the project to assessment in accordance with Articles 5 to 10 of the Directive?
            
         
               2.
            
            
               If the answer to Question 1 is in the affirmative whether that requirement was satisfied by the content of the letter dated 4 December 2006 from the Secretary of State?
            
         
               3.
            
            
               If the answer to Question 2 is in the negative, what is the extent of the requirement to give reasons in this context?
            
         
      (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, p. 40).
   
      (2)  OJ L 73, p. 5.
   
      (3)  Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003 providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment and amending with regard to public participation and access to justice Council Directives 85/337/EEC and 96/61/EC (OJ L 156, p. 17).