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Case C-206/17: Request for a preliminary ruling from the Bundesverwaltungsgericht (Germany) lodged on 21 April 2017 — Heinrich Denker v Gemeinde Thedinghausen
ECLI:EU:UNKNOWN:62017CN0206
62017CN0206
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31.7.2017
Official Journal of the European Union
C 249/18
(Case C-206/17)
(2017/C 249/27)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant and Appellant on a point of law: Heinrich Denker
Defendant and Respondent on a point of law: Gemeinde Thedinghausen
Other party to the proceedings: Vertreter des Bundesinteresses beim Bundesverwaltungsgericht (The Representative of the Federal interest before the Bundesverwaltungsgericht)
Question referred
Is Article 11 of Directive 2011/92/EU (1) of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment (OJ 2012 L 26, p. 1) to be interpreted as precluding a provision of national law under which an irregularity in connection with public participation in the procedure for the preparation of a building development plan by way of municipal by-law is regarded as irrelevant if, notwithstanding notice of the complaints procedure having been given, no complaint regarding that irregularity is made to the municipality within one year of the publication of the plan, and the provisions of Directive 2011/92/EU on public participation apply to that plan?
(1) OJ 2012 L 26, p. 1.