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Case C-300/13: Judgment of the Court (Seventh Chamber) of 27 March 2014 (request for a preliminary ruling from the Tribunal Superior de Justicia de la Comunidad Valenciana — Spain) — Ayuntamiento de Benferri v Consejería de Infraestructuras y Transporte, Iberdrola Distribución Eléctrica SAU (Reference for a preliminary ruling — Directive 85/337/EEC — Assessment of the effects of certain projects on the environment — Construction of certain overhead electrical power lines — Extension of an electrical substation — Project not made subject to an environmental assessment)
ECLI:EU:UNKNOWN:62013CA0300
62013CA0300
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19.5.2014
Official Journal of the European Union
C 151/7
(Case C-300/13) (<span class="super">1</span>)
((Reference for a preliminary ruling - Directive 85/337/EEC - Assessment of the effects of certain projects on the environment - Construction of certain overhead electrical power lines - Extension of an electrical substation - Project not made subject to an environmental assessment))
2014/C 151/09
Language of the case: Spanish
Referring court
Parties to the main proceedings
Applicant: Ayuntamiento de Benferri
Defendants: Consejería de Infraestructuras y Transporte, Iberdrola Distribución Eléctrica SAU
Re:
Request for a preliminary ruling — Tribunal Superior de Justicia de la Comunidad Valenciana — Interpretation of point 20 of Annex I and section 3(b) of Annex II to 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 97/11/EC (OJ 1997 L 73, p. 5) — Construction of overhead electrical power lines with a voltage of 220 kV or more and a length of more than 15 km — Concept — Project to extend an electrical substation independently of the existing overhead power line — National legislation which does not provide for the submission of that project to an environmental assessment.
Operative part of the judgment
The provisions of point 20 of Annex I and section 3(b) of Annex II to 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 Council Directive 97/11/EC of 3 March 1997, must be interpreted as meaning that a project such as that at issue in the main proceedings, which relates only to the extension of an electrical voltage transformer substation, is not, as such, among the projects covered by those provisions, unless that extension is part of the construction of overhead electrical power lines, which it is for the national court to ascertain.
(<span class="super">1</span>) OJ C 226, 3.8.2013.