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Case C-301/22: Reference for a preliminary ruling from High Court (Ireland) made on 3 May 2022 — NN v An Bord Pleanála, Ireland and the Attorney General
ECLI:EU:UNKNOWN:62022CN0301
62022CN0301
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Valentina R., lawyer
18.7.2022
Official Journal of the European Union
C 276/7
(Case C-301/22)
(2022/C 276/10)
Language of the case: English
Referring court
Parties to the main proceedings
Applicant: NN
Respondents: An Bord Pleanála, Ireland and the Attorney General
Notice parties: Bradán Beo Teoranta and Galway County Council
Questions referred
(a) Are member states required to characterise and subsequently classify all water bodies, irrespective of size, and in particular is there a requirement to characterise and classify all lakes with a topological surface area below 0,5 km²?
(b) To what extent is the position different with respect to water bodies in a protected area, if at all?
If the answer to question 1(a) is yes, can a competent authority for the purposes of development consent grant development consent for a project that may affect the water body prior to it being categorised and classified?
If the answer to question 1(a) is no, what are the obligations on a competent authority when deciding upon an application for development consent that potentially affects a water body not characterised and/or classified?