Official Journal of the European Union

JUDGMENT OF 6. 3. 2025 – CASE C-41/24 WALTHAM ABBEY RESIDENTS ASSOCIATION

(Case C-243/15)

(2015/C 279/22)

Language of the case: Slovak

Referring court

Parties to the main proceedings

Applicant: Lesoochranárske zoskupenie VLK

Respondent: Obvodný úrad Trenčín

In the presence of: Biely potok, a.s.

Question referred

Is it possible to guarantee the right to an effective remedy and to a fair trial, affirmed in Article 47 of the Charter of Fundamental Rights of the European Union, in the event of a purported breach of the right to a high level of environmental protection established under the conditions laid down by the European Union, mainly by Council Directive 92/43/EEC (1) of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, particularly [the right] to help to obtain the public’s opinion on a project which could have a significant impact on special areas of conservation falling within the European ecological ‘Natura 2000’ network, and the rights invoked by the appellant (as a not-for-profit association active in the protection of the environment at national level) under Article 9 of the Convention on access to information, public participation in decision-making and access to justice in environmental matters, within the limits indicated by the Court of Justice of the European Union in its judgment of 8 March 2011 in Case C-240/09 [Lesoochranárske zoskupenie], where the national court terminates the judicial review proceedings in a case concerning the review of a decision refusing to grant [that association] the status of party in administrative proceedings regarding the issuing of a permit, as has happened in the present case, and invites [that association] to lodge an appeal against its having been excluded from those administrative proceedings?

* * *

(1) OJ 1992 L 206, p. 7.