CELEX: C1998/072/09
Language: en
Date: 1998-03-07 00:00:00
Title: Reference for a preliminary ruling by the Gerechtshof te 's-Hertogenbosch, by judgment of that court of 11 November 1997 in the criminal proceedings against Adrianus Hendrikus Albers, Martinus Johannes Maria Van den Berkmortel and Leon Victor Pierre Maria Nuchelmans (Cases C-425/97, C-426/97 and C-427/97)

7.3.98                EN                 Official Journal of the European Communities                                     C 72/5
                  ORDER OF THE COURT                                Registry on 16 December 1997, in the criminal
                       (Third Chamber)                              proceedings against Adrianus Hendrikus Albers, Martinus
                                                                    Johannes Maria Van den Berkmortel and Leon Victor
                    of 18 December 1997                             Pierre Maria Nuchelmans on the following question:
in Case C-409/96 P: Sveriges Betodlares Centralförening
and Sven ke Henrikson v. Commission of the European                Does the Verordening Stoffen met sympathico mimetische
                        Communities (1)                             werking (P.V.V.) 1991 and, more particularly, Article 3(1)
                                                                    thereof, contain technical regulations which, pursuant to
(Common agricultural policy Ð Agricultural conversion
                                                                    Article 8 of Directive 83/189/EEC (1), as it stood at the
    rate in the sugar sector Ð Appeal clearly unfounded)
                                                                    time when the Verordening came into force, should have
                         (98/C 72/08)                               been notified to the Commission beforehand?'
                (Language of the case: English)                     (1) OJ L 109, 26.4.1983, p. 8.
In Case C-409/96 P: Sveriges Betodlares Centralförening,
an association established under Swedish law, having its
registered office in Malmö (Sweden), and Sven ke
Henrikson, residing in Lund (Sweden), represented by
Otfried Lieberknecht, Rechtsanwalt, Düsseldorf, Michael             Reference      for    a     preliminary   ruling    by    the
Schütte, Rechtsanwalt, Berlin, and Vanessa Turner,                  Verwaltungsgericht, Autonome Sektion für die Provinz
Solicitor, with an address for service in Luxembourg at the         Bozen, Italy, by order of that court of 16 December 1997
Chambers of Bonn & Schmitt, 62 Avenue Guillaume Ð                   in the cases brought by the World Wildlife Fund (WWF),
appeal against the order of the Court of First Instance of          Italia Nostra, national association, and Günther
the European Communities (First Chamber) of 4 October               Bachmann and others v. the Autonome Provinz Bozen, the
1996       in    Case     T-197/95     Sveriges    Betodlares       Ministry of Transport, the Gemeinde Bozen, the
Centralförening and Henrikson v. Commission [1996]                  Gemeinde Leifers, Südtiroler Transportstrukturen AG and
ECR II-1283, seeking to have that order set aside, the                                Airport Bolzano-Bozen AG
other party to the proceedings being the Commission of                                      (Case C-435/97)
the European Communities (Agent: James Macdonald
                                                                                              (98/C 72/10)
Flett) Ð the Court (Third Chamber), composed of: C.
Gulmann, President of the Chamber, J. C. Moitinho de
Almeida and J.-P. Puissochet (Rapporteur), Judges; M. B.
                                                                    Reference has been made to the Court of Justice of the
Elmer, Advocate General; R. Grass, Registrar, has made an
                                                                    European        Communities        by    order     of     the
order on 18 December 1997, the operative part of which
                                                                    Verwaltungsgericht, Autonome Sektion für die Provinz
is as follows:
                                                                    Bozen (Administrative Court, Separate Division for the
                                                                    Province of Bolzano), Italy, of 16 December 1997,
1. The appeal is dismissed.                                         received at the Court Registry on 24 December 1997, for
                                                                    a preliminary ruling in the cases brought by the World
                                                                    Wildlife Fund (WWF), Italia Nostra, national association,
2. The appellants are ordered to pay the costs.                     and Günther Bachmann and others against the Autonome
                                                                    Provinz Bozen (Autonomous Province of Bolzano), the
(1) OJ C 74, 8.3.1997.                                              Ministry of Transport, the Gemeinde Bozen (District of
                                                                    Bolzano), the Gemeinde Leifers (District of LaÁives),
                                                                    Südtiroler Transportstrukturen AG and Airport Bolzano-
                                                                    Bozen AG on the following questions:
                                                                    1. Is Article 4(2) of Directive 85/337/EEC (1) to be
                                                                         interpreted as meaning:
Reference for a preliminary ruling by the Gerechtshof
te 's-Hertogenbosch, by judgment of that court of
11 November 1997 in the criminal proceedings against                     (a) that certain classes of the projects listed in
Adrianus Hendrikus Albers, Martinus Johannes Maria                            Annex II may from the outset, in the absolute
Van den Berkmortel and Leon Victor Pierre Maria                               discretion of the Member States, be excluded in
                          Nuchelmans                                          their entirety from the obligation to carry out an
                                                                              environmental assessment; or
          (Cases C-425/97, C-426/97 and C-427/97)
                         (98/C 72/09)                                    (b) that the margin of discretion enjoyed by the
                                                                              Member States is limited by the obligation laid
                                                                              down in Article 2(1) of the directive to subject to
Reference has been made to the Court of Justice of the                        an environmental assessment in any event those
European Communities by judgment of the Gerechtshof                           projects likely to have significant effects on the
(Regional Court of Appeal) 's-Hertogenbosch, of                               environment, by virtue inter alia of their nature,
11 November 1997, which was received at the Court                             size or location?