Official Journal of the European Union

C 355/8

(Case C-463/11)

2011/C 355/13

Language of the case: German

Referring court

Parties to the main proceedings

Applicant: L

Defendant: M

Question referred

Does a Member State exceed the limits of its discretion under Article 3(4) and (5) of Directive 2001/42 if, in respect of a municipality’s development plans which determine the use of small areas at local level and set the framework for future development consent of projects but do not fall within the scope of Article 3(2) of Directive 2001/42, it determines — having regard to the relevant criteria of Annex II to the directive — by specifying a particular type of development plan which is characterised by a threshold based on surface area and by a qualitative condition, that when drawing up such a development plan the procedural provisions on environmental assessment otherwise applicable to development plans are to be waived and also provides that an infringement of those procedural provisions which stems from the fact that the municipality has incorrectly assessed the qualitative condition is irrelevant for the legal validity of a development plan of that particular type?

(1) Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment (OJ 2001 L 197, p. 30).