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Case C-461/23, Umweltforum Osnabrücker Land: Judgment of the Court (Seventh Chamber) of 17 October 2024 (request for a preliminary ruling from the Niedersächsisches Oberverwaltungsgericht – Germany) – Umweltforum Osnabrücker Land eV v Landkreis Osnabrück (Reference for a preliminary ruling – Environment – Directive 2001/42/EC – Assessment of the effects of certain plans and programmes on the environment – Article 3(2)(b) – Directive 92/43/EEC – Article 6(3) – Acts for which an assessment is required – National legislative act designating a site as a special area of conservation – List of human activities prohibited on that site, with certain exceptions)

ECLI:EU:UNKNOWN:62023CA0461

62023CA0461

October 17, 2024
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Official Journal of the European Union

C series

C/2024/7150

(Case C-461/23,

Umweltforum Osnabrücker Land)

(Reference for a preliminary ruling - Environment - Directive 2001/42/EC - Assessment of the effects of certain plans and programmes on the environment - Article 3(2)(b) - Directive 92/43/EEC - Article 6(3) - Acts for which an assessment is required - National legislative act designating a site as a special area of conservation - List of human activities prohibited on that site, with certain exceptions)

(C/2024/7150)

Language of the case: German

Referring court

Parties to the main proceedings

Applicant: Umweltforum Osnabrücker Land eV

Defendant: Landkreis Osnabrück

Operative part of the judgment

Article 3(2)(b) of 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, read in conjunction with 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 a legislative act by which the Member State concerned designates a site as a special area of conservation, under Directive 92/43, and which lists the human activities which are prohibited on that site, subject to the exceptions which that legislative act also lays down, is not covered by the concept of ‘plans and programmes’, within the meaning of Directive 2001/42, in respect of which an environmental assessment is required.

ELI: http://data.europa.eu/eli/C/2024/7150/oj

ISSN 1977-091X (electronic edition)

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