Official Journal of the European Union

C 194/10

(Case C-177/11)

2011/C 194/14

Language of the case: Greek

Referring court

Parties to the main proceedings

Applicant: Sillogos Ellinon Poleodomon kai Khorotakton

Defendants: (1) Ipourgos Perivallontos, Khorotaxias kai Dimosion Ergon, (2) Ipourgos Ikonomias kai Ikonomikon, (3) Ipourgos Esoterikon, Dimosias Diikisis kai Apokentrosis

Question referred

Does Article 3(2)(b) of Directive 2001/42/ΕC on the assessment of the effects of certain plans and programmes on the environment (OJ 2001 L 197, p. 30), in providing that an environmental assessment is to be carried out for all plans and programmes ‘which, in view of the likely effect on sites, have been determined to require an assessment pursuant to Article 6 or 7 of Directive 92/43/ΕEC’, mean that the obligation to make a particular plan subject to an environmental assessment depends on the preconditions for environmental assessment under Directive 92/43/ΕEC being met in respect of that plan and that, therefore, the provision in question of Directive 2001/42/ΕC also requires, like the above provisions of Directive 92/43/ΕEC, affirmation that the plan is likely to have a significant effect on a special area of conservation, whilst leaving the substantive assessment in that regard to the Member States? Or is Article 3(2)(b) of Directive 2001/42 to be interpreted as meaning that the requirement to carry out an environmental assessment under that provision does not depend on the preconditions for carrying out an environmental assessment under Directive 92/43 being met, that is to say on the finding as to the likelihood of significant effects on a special area of conservation, and it is sufficient to find that a particular plan is connected in some way with a site envisaged in Directive 92/43, but not necessarily with a special area of conservation, in order for the obligation to carry out such an assessment to be activated?

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