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Joined Cases C-387/15 and C-388/15: Judgment of the Court (Seventh Chamber) of 21 July 2016 (requests for a preliminary ruling from the Raad van State — Belgium) — Hilde Orleans, Rudi Van Buel, Marina Apers (C-387/15) and Denis Malcorps, Myriam Rijssens, Guido Van De Walle (C-388/15) v Vlaams Gewest (Reference for a preliminary ruling — Environment — Directive 92/43/EEC — Conservation of natural habitats — Special areas of conservation — Natura 2000 site ‘Scheldt and Durme estuary from the Dutch border to Ghent’ — Development of a port area — Assessment of the implications of a plan or project for a protected site — Occurrence of adverse effects — Prior but not yet completed development of an area of an equivalent type to the part destroyed — Completion subsequent to the assessment — Article 6(3) and (4))
ECLI:EU:UNKNOWN:62015CA0387
62015CA0387
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19.9.2016
Official Journal of the European Union
C 343/8
(Joined Cases C-387/15 and C-388/15) (<span class="super note-tag">1</span>)
((Reference for a preliminary ruling - Environment - Directive 92/43/EEC - Conservation of natural habitats - Special areas of conservation - Natura 2000 site ‘Scheldt and Durme estuary from the Dutch border to Ghent’ - Development of a port area - Assessment of the implications of a plan or project for a protected site - Occurrence of adverse effects - Prior but not yet completed development of an area of an equivalent type to the part destroyed - Completion subsequent to the assessment - Article 6(3) and (4)))
(2016/C 343/11)
Language of the case: Dutch
Referring court
Parties to the main proceedings
Applicants: Hilde Orleans, Rudi Van Buel, Marina Apers (C-387/15) and Denis Malcorps, Myriam Rijssens, Guido Van De Walle (C-388/15)
Defendant: Vlaams Gewest
Intervening party: Gemeentelijk Havenbedrijf Antwerpen
Operative part of the judgment
Article 6(3) of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora must be interpreted as meaning that measures, contained in a plan or project not directly connected with or necessary to the management of a site of Community importance, providing, prior to the occurrence of adverse effects on a natural habitat type present thereon, for the future creation of an area of that type, but the completion of which will take place subsequently to the assessment of the significance of any adverse effects on the integrity of that site, may not be taken into consideration in that assessment. Such measures can be categorised as ‘compensatory measures’, within the meaning of Article 6(4), only if the conditions laid down therein are satisfied.
(<span class="super">1</span>) OJ C 354, 26.10.2015.