CELEX: C2006/165/02
Language: en
Date: 2006-07-15 00:00:00
Title: Case C-290/03: Judgment of the Court (First Chamber) of  4 May 2006  (reference for a preliminary ruling from the House of Lords (United Kingdom)) — Diane Barker v London Borough of Bromley (Directive 85/337/EEC — Assessment of the effects of certain projects on the environment — Crystal Palace development project — Projects falling within Annex II to Directive 85/337 — Grant of consent comprising more than one stage)

15.7.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 165/1
            
         Judgment of the Court (First Chamber) of 4 May 2006 (reference for a preliminary ruling from the House of Lords (United Kingdom)) — Diane Barker v London Borough of Bromley
   (Case C-290/03) (1)
   
   (Directive 85/337/EEC - Assessment of the effects of certain projects on the environment - Crystal Palace development project - Projects falling within Annex II to Directive 85/337 - Grant of consent comprising more than one stage)
   (2006/C 165/02)
   Language of the case: English
   Referring court
   House of Lords
   Parties to the main proceedings
   
      Applicant: Diane Barker
   
      Defendant: London Borough of Bromley
   
      Intervener: First Secretary of State
   Re:
   Reference for a preliminary ruling — House of Lords — Interpretation of Articles 1(2) and 2(1) of Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment — No assessment before the grant of consent for a project likely to have effects on the environment — Obligation to subject the project to subsequent assessment — Development of the Crystal Palace site for leisure purposes
   Operative part of the judgment
   
               1.
            
            
               Classification of a decision as a ‘development consent’ within the meaning of Article 1(2) of Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment must be carried out pursuant to national law in a manner consistent with Community law.
            
         
               2.
            
            
               Articles 2(1) and 4(2) of Directive 85/337 are to be interpreted as requiring an environmental impact assessment to be carried out if, in the case of grant of consent comprising more than one stage, it becomes apparent, in the course of the second stage, that the project is likely to have significant effects on the environment by virtue inter alia of its nature, size or location.
            
         
      (1)  OJ C 213, 6.9.2003.