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Valentina R., lawyer
C series
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10.2.2025
(C/2025/710)
Language of the case: French
Applicants: Fédération belge du stationnement ASBL, Interparking SA
Defendant: Région de Bruxelles-Capitale, represented by its Government
1.Must Article 3(2)(a) 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 (1) be interpreted as meaning that an order, such as that at issue, which is limited to laying down conditions for the operation of car parks without laying down rules on their siting or their maximum number must nevertheless be regarded as a plan or programme in the transport, town and country planning or land use sector?
2.If the first question is answered in the affirmative, may a national court apply a provision of its national law which empowers it to maintain, for a limited period, the effects of an annulled regulatory measure laying down the conditions for the operation of car parks in the territory of a region in order to allow the regional authority to carry out an assessment of the environmental impact of those operating conditions before any redrafting of that measure?
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).
ELI: http://data.europa.eu/eli/C/2025/710/oj
ISSN 1977-091X (electronic edition)
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Language of the case: French.