CELEX: 62011CN0041
Language: en
Date: 2011-01-26 00:00:00
Title: Case C-41/11: Reference for a preliminary ruling from the Conseil d’État (Belgium), lodged on 26 January 2011 — Inter-Environnement Wallonie ASBL, Terre wallonne ASBL v Région wallonne

9.4.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 113/6
            
         Reference for a preliminary ruling from the Conseil d’État (Belgium), lodged on 26 January 2011 — Inter-Environnement Wallonie ASBL, Terre wallonne ASBL v Région wallonne
   (Case C-41/11)
   2011/C 113/11
   Language of the case: French
   
      Referring court
   
   Conseil d’État
   
      Parties to the main proceedings
   
   
      Applicants: Inter-Environnement Wallonie ASBL, Terre wallonne ASBL
   
      Defendant: Région wallonne
   
      Question referred
   
   Can the Conseil d’État,
   
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               seised of an action seeking the annulment of the decree of the Government of Wallonia of 15 February 2007 amending Book II of the Environment Code, which forms the Water Code, as regards the sustainable management of nitrogen in agriculture,
            
         
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               finding that that decree was adopted without compliance with the procedure prescribed by 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 (1) and that it is, for that reason, contrary to the law of the European Union and must be annulled,
            
         
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               but finding at the same time that the contested decree provides for an appropriate implementation of Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources, (2)
               
            
         
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               defer in time the effects of the judicial annulment for a short period necessary for the redrafting of the annulled measure in order to maintain in European Union environmental law a degree of specific implementation without any break in continuity?
            
         
      (1)  OJ 2001 L 197, p. 30.
   
      (2)  OJ 1991 L 375, p. 1.