CELEX: 62011CN0177
Language: en
Date: 2011-04-08 00:00:00
Title: Case C-177/11: Reference for a preliminary ruling from the Simvoulio tis Epikratias (Greece) lodged on 15 April 2011 — Sillogos Ellinon Poleodomon kai Khorotakton v (1) Ipourgos Perivallontos, Khorotaxias kai Dimosion Ergon, (2) Ipourgos Ikonomias kai Ikonomikon, (3) Ipourgos Esoterikon, Dimosias Diikisis kai Apokentrosis

2.7.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 194/10
            
         Reference for a preliminary ruling from the Simvoulio tis Epikratias (Greece) lodged on 15 April 2011 — Sillogos Ellinon Poleodomon kai Khorotakton v (1) Ipourgos Perivallontos, Khorotaxias kai Dimosion Ergon, (2) Ipourgos Ikonomias kai Ikonomikon, (3) Ipourgos Esoterikon, Dimosias Diikisis kai Apokentrosis
   (Case C-177/11)
   2011/C 194/14
   Language of the case: Greek
   
      Referring court
   
   Simvoulio tis Epikratias
   
      Parties to the main proceedings
   
   
      Applicant: Sillogos Ellinon Poleodomon kai Khorotakton
   
      Defendants: (1) Ipourgos Perivallontos, Khorotaxias kai Dimosion Ergon, (2) Ipourgos Ikonomias kai Ikonomikon, (3) Ipourgos Esoterikon, Dimosias Diikisis kai Apokentrosis
   
      Question referred
   
   Does Article 3(2)(b) of Directive 2001/42/ΕC on the assessment of the effects of certain plans and programmes on the environment (OJ 2001 L 197, p. 30), in providing that an environmental assessment is to be carried out for all plans and programmes ‘which, in view of the likely effect on sites, have been determined to require an assessment pursuant to Article 6 or 7 of Directive 92/43/ΕEC’, mean that the obligation to make a particular plan subject to an environmental assessment depends on the preconditions for environmental assessment under Directive 92/43/ΕEC being met in respect of that plan and that, therefore, the provision in question of Directive 2001/42/ΕC also requires, like the above provisions of Directive 92/43/ΕEC, affirmation that the plan is likely to have a significant effect on a special area of conservation, whilst leaving the substantive assessment in that regard to the Member States? Or is Article 3(2)(b) of Directive 2001/42 to be interpreted as meaning that the requirement to carry out an environmental assessment under that provision does not depend on the preconditions for carrying out an environmental assessment under Directive 92/43 being met, that is to say on the finding as to the likelihood of significant effects on a special area of conservation, and it is sufficient to find that a particular plan is connected in some way with a site envisaged in Directive 92/43, but not necessarily with a special area of conservation, in order for the obligation to carry out such an assessment to be activated?