CELEX: 62017CN0160
Language: en
Date: 2017-03-01 00:00:00
Title: Case C-160/17: Request for a preliminary ruling from the Conseil d’État (Belgium) lodged on 1 March 2017 — Raoul Thybaut, Johnny De Coster and Frédéric Romain v Région wallonne

6.6.2017   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 178/11
            
         Request for a preliminary ruling from the Conseil d’État (Belgium) lodged on 1 March 2017 — Raoul Thybaut, Johnny De Coster and Frédéric Romain v Région wallonne
   (Case C-160/17)
   (2017/C 178/12)
   Language of the case: French
   
      Referring court
   
   Conseil d’État
   
      Parties to the main proceedings
   
   
      Applicants: Raoul Thybaut, Johnny De Coster and Frédéric Romain
   
      Defendant: Région wallonne
   
      Question referred
   
   Is 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 (1) to be interpreted as including in the concept of plan or programme an area prescribed by a legislative provision and adopted by a regional authority:
   
               —
            
            
               the sole purpose of which is to determine the boundary of a geographical area in which an urban development plan is capable of being carried out, it being understood that this plan, which must pursue a defined objective — in this case concerning renovation and development of urban functions requiring the creation, modification, extension, removal or overhang of roads and public spaces — justifies the adoption of the area, which in turn entails acceptance of the principle of this plan, but which must still be subject to planning permission which requires the assessment of effects; and
            
         
               —
            
            
               which has the effect, from a procedural point of view, of allowing planning permission applications for measures or works located in this area to benefit from a special procedure, it being understood that the planning rules that were applicable to the land concerned before adoption of the area remain applicable, but that the use of this procedure may allow derogation from these rules to be obtained more easily; and
            
         
               —
            
            
               which enjoys a presumption of public interest for expropriations within the framework of an accompanying expropriation plan?
            
         
      (1)  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).