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Case C-196/16: Request for a preliminary ruling from the Tribunale Amministrativo Regionale per le Marche (Italy) lodged on 7 April 2016 — Comune di Corridonia v Provincia di Macerata, Provincia di Macerata Settore 10 –Ambiente
ECLI:EU:UNKNOWN:62016CN0196
62016CN0196
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11.7.2016
Official Journal of the European Union
C 251/5
(Case C-196/16)
(2016/C 251/06)
Language of the case: Italian
Referring court
Parties to the main proceedings
Applicant: Comune di Corridonia
Defendants: Provincia di Macerata, Provincia di Macerata Settore 10 –Ambiente
Question referred
On a constructive interpretation of Article 191 TFEU and Article 2 of Directive 2011/92/EU, is it compatible with EU law to proceed with the verification of whether an environmental impact assessment needs to be undertaken (and possibly thereafter to carry out an environmental impact assessment) after the construction of the plant where the consent has been annulled by the national court due to a failure to verify whether the environmental impact assessment was needed, because such a verification had been excluded on the basis of a national law which was contrary to EU law?
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 (OJ 2012 L 26, p. 1).
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