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Case C-121/11: Judgment of the Court (Third Chamber) of 19 April 2012 (reference for a preliminary ruling from the Conseil d’État (Belgium)) — Pro-Braine ASBL and Others v The Commune of Braine-le-Château (Directive 1999/31/EC — Landfill of waste — Directive 85/337/EEC — Assessment of the effects of certain public and private projects on the environment — Decision relating to the carrying on of operations at an authorised landfill site, in the absence of an Environmental Impact Assessment — Concept of ‘consent’ )
ECLI:EU:UNKNOWN:62011CA0121
62011CA0121
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Official Journal of the European Union
C 165/6
(Case C-121/11)(1)
(Directive 1999/31/EC - Landfill of waste - Directive 85/337/EEC - Assessment of the effects of certain public and private projects on the environment - Decision relating to the carrying on of operations at an authorised landfill site, in the absence of an Environmental Impact Assessment - Concept of ‘consent’)
2012/C 165/10
Language of the case: French
Referring court
Parties to the main proceedings
Applicants: Pro-Braine ASBL, Michel Bernard, Charlotte de Lantsheere
Defendant: The Commune of Braine-le-Château
Intervener: Veolia es treatment SA
Re:
Reference for a preliminary ruling — Conseil d’État (Belgium) — Interpretation of Article 14(b) of Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste (OJ 1999 L 182, p. 1) and of Article 1(2) of 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) — Decision relating to the carrying on of operations at an authorised landfill site, in the absence of an Environmental Impact Assessment — Concept of ‘consent’ — Scope
Operative part of the judgment
The definitive decision relating to the carrying on of operations at an existing landfill site, taken on the basis of a conditioning plan, pursuant to Article 14(b) of Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste, does not constitute a ‘consent’ within the meaning of Article 1(2) of 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 Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003, unless that decision authorises a change to or extension of that installation or site, through works or interventions involving alterations to its physical aspect, which may have significant adverse effects on the environment within the meaning of point 13 of Annex II to Directive 85/337, and thus constitute a ‘project’ within the meaning of Article 1(2) of that Directive.
(1) OJ C 152, 21.5.2011.
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