CELEX: 62018CA0321
Language: en
Date: 2019-06-12 00:00:00
Title: Case C-321/18: Judgment of the Court (First Chamber) of 12 June 2019 (request for a preliminary ruling from the Conseil d’État — Belgium) — Terre wallonne ASBL v Région wallonne (Reference for a preliminary ruling — Environment — Directive 2001/42/EC — Assessment of the effects of certain plans and programmes on the environment — Decree — Establishment of conservation objectives for the Natura 2000 network, in accordance with Directive 92/43/EEC — Definition of ‘plans and programmes’ — Obligation to undertake an environmental assessment)

5.8.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 263/17
            
         
      Judgment of the Court (First Chamber) of 12 June 2019 (request for a preliminary ruling from the Conseil d’État — Belgium) — Terre wallonne ASBL v Région wallonne
      (Case C-321/18) (1)
      
      (Reference for a preliminary ruling - Environment - Directive 2001/42/EC - Assessment of the effects of certain plans and programmes on the environment - Decree - Establishment of conservation objectives for the Natura 2000 network, in accordance with Directive 92/43/EEC - Definition of ‘plans and programmes’ - Obligation to undertake an environmental assessment)
      (2019/C 263/21)
      Language of the case: French
      
         Referring court
      
      Conseil d’État
      
         Parties to the main proceedings
      
      
         Applicant: Terre wallonne ASBL
      
         Defendant: Région wallonne
      
         Operative part of the judgment
      
      Article 3(2) and (4) 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 decree, such as that at issue in the main proceedings, by which a body of a Member State establishes, at regional level for its Natura 2000 network, conservation objectives which have an indicative value, whereas the conservation objectives at site level have a statutory value, is not one of the ‘plans and programmes’, within the meaning of that directive, for which an environmental impact assessment is mandatory.
      
         (1)  OJ C 259, 23.7.2018.