This case concerns the non-transposition of an existing directive that include the principle of public participation when nuclear power plants are dismantled. The applicants requested the annulment decree n°2006-147 of 9th February 2006 granting an authorization to EDF to dismantle a nuclear facility.  

Directive 85/337/CEE of 27 June 1985 provides that nuclear power plants and their dismantlement or decommissioning are subject to an assessment according to article 5 and 10 of the Directive.

Under Article of the Directive 85/337/CE Member States must ensure that all authorisation requests according to art.5 of the Directive (dismantlement of power station) is made publicly available within a reasonable time in order to give the public concerned the opportunity to express an opinion before the development consent is granted. Any legislative or regulatory disposition that have not yet transposed this obligation into the national legislation after the deadline for the transposition.  Given the lack of national rules on this obligation, the administrative authority should provide a process of pubic information. The contested decree did not state this obligation.

To the date of the decree, no legislative or regulatory provisions had implemented a procedure for informing the public prior to grant an authorisation for such activity. Nonetheless, the due date for transposition of the Directive was 14th March 1999.

As a result, notwithstanding of the lack of national rules on this point, administrative authority should provide a procedure informing public compatible with the objectives of the directive.
In this case, the contested decree stipulates only that a representive body must be consulted. The Court decided that the consultation of a representative body (consisted of locally elected officials, representatives of trade unions and associations) is not equivalent to public consultation.

Consequently, the grounds of the association to request the repeal of the decree were effective. The decree must be abolished.