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Case C-160/17: Judgment of the Court (Second Chamber) of 7 June 2018 (request for a preliminary ruling from the Conseil d’État — Belgium) — Raoul Thybaut, Johnny De Coster, Frédéric Romain v Région wallonne (Reference for a preliminary ruling — Environment — Directive 2001/42/EC — Article 2(a) — Concept of ‘plans and programmes’ — Article 3 — Assessment of the effects of certain plans and programmes on the environment — Urban land consolidation area — Possibility of derogating from town planning requirements — Modification of the ‘plans and programmes’)
ECLI:EU:UNKNOWN:62017CA0160
62017CA0160
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(Case C-160/17) (*1)
Language of the case: French
Referring court
Parties to the main proceedings
Applicants: Raoul Thybaut, Johnny De Coster, Frédéric Romain
Defendant: Région wallonne
Interveners: Commune d’Orp-Jauche, Bodymat SA
Operative part of the judgment
Article 2(a), Article 3(1) and Article 3(2)(a) of Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment must be interpreted as meaning that an order adopting an urban land consolidation area, the sole purpose of which is to determine a geographical area within which an urban development plan may be carried out with the objective of renovating and developing urban functions and requiring the creation, modification, removal or overhang of roads and public spaces in carrying out that plan, in respect of which it will be permissible to derogate from certain planning requirements, comes, because of that possibility of derogation, within the concept of ‘plans and programmes’ likely to have significant effects on the environment within the meaning of that directive, thereby necessitating an environmental assessment.
* Language of the case: French.
(1) OJ C 178, 6.6.2017.
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