Title:
Pro-Braine ASBL and Others v Commune de Braine-le-Château
Party:
Belgium
Region:
Europe
Europe
Type of document:
International court
Date of text:
April 19, 2012
Data source:
InforMEA
Court name:
European Court of Justice
Seat of court:
Luxembourg
Justice(s):
Váby, D.
Lenaerts, K.
Juhász (Rapporteur), E.
Arestis, G.
von Danwitz, T.
Reference number:
C-121/11
Abstract:
The definitive decision relating to the carrying on of operations at an existing landfill site, taken on the basis of a conditioning plan, pursuant to Article 14(b) of Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste, does not constitute a ‘consent within the meaning of Article 1(2) of Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment, as amended by Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003, unless that decision authorises a change to or extension of that installation or site, through works or interventions involving alterations to its physical aspect, which may have significant adverse effects on the environment within the meaning of point 13 of Annex II to Directive 85/337, and thus constitute a ‘project within the meaning of Article 1(2) of that Directive.
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