Official Journal of the European Union

C 198/8

(Case C-570/13) (<span class="super">1</span>)

((Reference for a preliminary ruling - Environment - Directive 2011/92/EU - Assessment of the effects of certain public and private projects on the environment - Construction of a retail park - Binding effect of an administrative decision not to carry out an environmental impact assessment - No public participation))

(2015/C 198/10)

Language of the case: German

Referring court

Parties to the main proceedings

Applicant: Karoline Gruber

Defendants: Unabhängiger Verwaltungssenat für Kärnten, EMA Beratungs- und Handels GmbH, Bundesminister für Wirtschaft, Familie und Jugend

Operative part of the judgment

Article 11 of Directive 2011/92/EU 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 must be interpreted as precluding national legislation, such as that at issue in the main proceedings, pursuant to which an administrative decision declaring that a particular project does not require an environmental impact assessment, which is binding on neighbours who were precluded from bringing an action against that administrative decision, where those neighbours, who are part of the ‘public concerned’ within the meaning of Article 1(2) of that directive, satisfy the criteria laid down by national law concerning ‘sufficient interest’ or ‘impairment of a right’. It is for the referring court to verify whether that condition is fulfilled in the case before it. Where it is so fulfilled, that court must hold that the administrative decision not to carry out such an assessment is not binding on those neighbours.

*

Language of the case: German.