CELEX: C2003/213/29
Language: en
Date: 2003-09-06 00:00:00
Title: Case C-290/03: Reference for a preliminary ruling by the House of Lords by order of that court dated 30 June 2003, in the case of Regina against London Borough of Bromley, ex parte Diane Barker (FC)

6.9.2003              EN                         Official Journal of the European Union                                              C 213/17
The applicant claims that the Court should:                                     impact assessment being carried out, it appears when
                                                                                approval of reserved matters is sought that the project
Annul or vary Commission Decision C(2003) 1539 in connec-                       may have significant effects on the environment by virtue
tion with the exclusion from Community financing of certain                     inter alia of its nature, size or location (article 2(1) of the
expenditure by the Member States in the context of the EAGGF                    Directive)?
— Guarantee section, in regard to the chapter concerning
financial corrections imposed on the Hellenic Republic in the            (3) In circumstances where:
sector of arable cultivation for the financial years 2000 and
2001.
                                                                                (a)   national planning law provides for the grant of
                                                                                      outline planning permission at an initial stage of the
                                                                                      planning process and requires consideration by the
                                                                                      competent authority at that stage as to whether an
Pleas in law and main arguments
                                                                                      environmental impact assessment is required for
                                                                                      purposes of the Directive; and
—     Misinterpretation of provisions;
—     Misappraisal of factual circumstances;                                    (b) the competent authority then determines that it is
                                                                                      unnecessary to carry out an environmental impact
                                                                                      assessment and grants outline planning permission
—     Defective statement of reasons;
                                                                                      subject to conditions reserving specified matters for
                                                                                      later approval; and
—     Misinterpretation and misapplication of Article 5(2)(c)
      of Regulation (EEC) No 729/70 in conjunction with
      Document VI/5330/97;                                                      (c)   that decision can then be challenged in the national
                                                                                      courts;
—     Misinterpretation and misapplication of Articles 6 and 7
      of Regulation No 3508/92.                                                 may national law, consistently with the Directive, pre-
                                                                                clude a competent authority from requiring that an
                                                                                environmental impact assessment be carried out at a later
                                                                                stage of the planning process?
                                                                         (1 ) Council Directive 85/337/EEC of 27 June 1985 on the assessment
                                                                              of the effects of certain public and private projects on the
Reference for a preliminary ruling by the House of Lords                      environment (OJ L 175, 05.07.1985, p. 40).
by order of that court dated 30 June 2003, in the case of
Regina against London Borough of Bromley, ex parte
                       Diane Barker (FC)
                        (Case C-290/03)
                        (2003/C 213/29)
                                                                         Reference for a preliminary ruling by the VAT and Duties
                                                                         Tribunals, Manchester Tribunal Centre, by direction of
                                                                         that court dated 30 June 2003, in the case of MyTravel plc
Reference has been made to the Court of Justice of the
                                                                                 against Commissioners of Customs and Excise
European Communities by an order of the House of Lords
dated 30 June 2003, which was received at the Court Registry
on 3 July 2003, for a preliminary ruling in the case of Regina                                      (Case C-291/03)
and London Borough of Bromley, ex parte Diane Barker (FC)
on the following questions:
                                                                                                    (2003/C 213/30)
(1) Is identification of ‘the decision of the competent auth-
      ority or authorities which entitles the developer to
      proceed with the project’ (article 1(2) of Directive 85/
      337/EEC (1) (‘the Directive’)) exclusively a matter for the
      national court applying national law?                              Reference has been made to the Court of Justice of the
                                                                         European Communities by direction of the VAT and Duties
(2) Does the Directive require an environmental impact                   Tribunals, Manchester Tribunal Centre, dated 30 June 2003,
      assessment to be carried out if, following the grant of            which was received at the Court Registry on 4 July 2003, for a
      outline planning permission subject to conditions that             preliminary ruling in the case of MyTravel plc and Com-
      reserved matters be approved, without an environmental             missioners of Customs and Excise on the following questions: