22.5.2010

Official Journal of the European Union

C 134/12

(Case C-24/09) (<span class="super">1</span>)

(First subparagraph of Article 104(3) of the Rules of Procedure - Directive 85/337/EC - Assessment of the effects of certain public and private projects on the environment - Directive 96/61 - Integrated pollution prevention and control - Public participation in the decision-making process for environmental matters - Right of appeal against decisions authorising projects liable to have significant effects on the environment)

2010/C 134/18

Language of the case: Swedish

Referring court

Parties to the main proceedings

Applicant: Djurgården-Lilla Värtans Miljöskyddsförening

Defendant: AB Fortum Värme samägt med Stockholms stad

Re:

Reference for a preliminary ruling — Högsta domstolen — Interpretation of Articles 1(2), 6(4) and 10a of Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment (OJ 1985 L 175, p. 40), as amended by Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003 providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment and amending with regard to public participation and access to justice Council Directives 85/337/EEC and 96/61/EC — Statement by the Commission (OJ 2003 L 156, p. 17) — Interpretation of Articles 2(14) and 15a of Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control (OJ 1996 L 257, p. 26), as amended by Directive 2003/35/EC — National legislation entitling local non-profit-making associations to participate in the prior authorisation procedure for activities which are dangerous to the environment, but making the right of such an association to participate subject to the conditions that its purpose under its statutes is environmental protection, that the association has been active for at least three years and that it has at least 2 000 members

Operative part

1.Members of the public concerned, within the meaning of Articles 1(2) and 10a of Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment, as amended by Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003, and within the meaning of Articles 2(14) and 15a of Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control, as amended by Directive 2003/35/EC, the latter provisions having been repeated in Article 2(15) and (16) of Directive 2008/1/EC of the European Parliament and of the Council of 15 January 2008 concerning integrated pollution prevention and control, must have access to a review procedure in respect of a decision by which a body which forms part of the judicial organisation of a Member State has ruled on an application for project authorisation, whatever the role they may have played during examination of that application by taking part in the proceedings before that body and putting forward their views on that occasion.

2.Articles 10a of Directive 85/337, as amended by Directive 2003/35, and 15a of Directive 96/61, as amended by Directive 2003/35, the latter provision having been repeated in Article 16 of Directive 2008/1, preclude a provision of national legislation which restricts the right to seek review of a decision on an operation which falls within the scope of Directives 85/337, as amended by Directive 2003/35, and 96/61, as amended by Directive 2003/35, respectively to environmental protection associations which have at least 2 000 members.

(<span class="super">1</span>) OJ C 69, 21.3.2009.