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Case C-321/18: Request for a preliminary ruling from the Conseil d’État (Belgium) lodged on 9 May 2018 — Terre wallonne ASBL v Région wallonne

ECLI:EU:UNKNOWN:62018CN0321

62018CN0321

May 9, 2018
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(Case C-321/18)

Language of the case: French

Referring court

Parties to the main proceedings

Applicant: Terre wallonne ASBL

Defendant: Région wallonne

Questions referred

1.Is a decree by which a body of a Member State establishes the conservation objectives for the Natura 2000 network, in accordance with Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (1), a plan or programme within the meaning of Directive 2001/42/EC on the assessment of the effects of certain plans and programmes on the environment (2), and, more specifically, within the meaning of Article 3(2)(a) or Article 3(4) of that directive?

2.If so, must such a decree be subjected to an environmental assessment in accordance with Directive 2001/42/EC, even though such an assessment is not required under Directive 92/43/EEC, on the basis of which the decree was adopted?

*

(1) OJ 1992 L 206, p. 7.

(2) 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).

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