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Valentina R., lawyer
C series
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(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
Applicant: Umweltforum Osnabrücker Land eV
Defendant: Landkreis Osnabrück
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.
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ELI: http://data.europa.eu/eli/C/2024/7150/oj
ISSN 1977-091X (electronic edition)
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