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Case C-240/09: Judgment of the Court (Grand Chamber) of 8 March 2011 (reference for a preliminary ruling from the Najvyšší súd Slovenskej republiky (Slovakia)) — Lesoochranárske zoskupenie VLK v Ministerstvo životného prostredia Slovenskej republiky (Environment — Aarhus Convention — Public participation in the decision-making process and access to justice in environmental matters — Direct effect)
ECLI:EU:UNKNOWN:62009CA0240
62009CA0240
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30.4.2011
Official Journal of the European Union
C 130/4
(Case C-240/09) (<span class="super">1</span>)
(Environment - Aarhus Convention - Public participation in the decision-making process and access to justice in environmental matters - Direct effect)
2011/C 130/07
Language of the case: Slovakian
Referring court
Parties to the main proceedings
Applicant: Lesoochranárske zoskupenie VLK
Defendant: Ministerstvo životného prostredia Slovenskej republiky
Re:
Request for a preliminary ruling — Supreme Court of the Slovak Republic — Interpretation of Article 9(3) of the Council Decision of 17 February 2005 on the conclusion, on behalf of the European Community, of the Aarhus Convention on access to information, public participation in decision-making and access to justice in environmental matters (OJ 2005 L 124, p. 1) — Direct effect of that provision — Interpretation of the concept of ‘acts of public authorities’ — Inclusion or not of the decisions of a public authority, the unlawfulness of which lies in their effect on the environment
Operative part of the judgment
Article 9(3) of the Convention on access to information, public participation in decision-making and access to justice in environmental matters approved on behalf of the European Community by Council Decision 2005/370/EC of 17 February 2005 does not have direct effect in European Union law. It is, however, for the referring court to interpret, to the fullest extent possible, the procedural rules relating to the conditions to be met in order to bring administrative or judicial proceedings in accordance with the objectives of Article 9(3) of that convention and the objective of effective judicial protection of the rights conferred by European Union law, in order to enable an environmental protection organisation, such as the Lesoochranárske zoskupenie, to challenge before a court a decision taken following administrative proceedings liable to be contrary to European Union environmental law.
(<span class="note">1</span>) OJ C 233, 26.9.2009.
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