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Case C-236/24, Provincie Oost-Vlaanderen and Sogent: Judgment of the Court (First Chamber) of 8 May 2025 (request for a preliminary ruling from the Raad van State – Belgium) – Provincie Oost-Vlaanderen, Sogent v KG, WA (Reference for a preliminary ruling – Environment – Directive 2011/92/EU – Assessment of the effects of certain public and private projects on the environment – Projects listed in Annex II – Determination of the projects to be made subject to an environmental impact assessment (screening) – Article 9a – Prevention of conflicts of interest – Combining the functions of developer and the authority competent to make that determination – Appropriate separation between conflicting functions)

ECLI:EU:UNKNOWN:62024CA0236

62024CA0236

May 8, 2025
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Official Journal of the European Union

C series

C/2025/3386

30.6.2025

(Case C-236/24,

(1)

Provincie Oost-Vlaanderen and Sogent)

(Reference for a preliminary ruling - Environment - Directive 2011/92/EU - Assessment of the effects of certain public and private projects on the environment - Projects listed in Annex II - Determination of the projects to be made subject to an environmental impact assessment (screening) - Article 9a - Prevention of conflicts of interest - Combining the functions of developer and the authority competent to make that determination - Appropriate separation between conflicting functions)

(C/2025/3386)

Language of the case: Dutch

Referring court

Parties to the main proceedings

Applicants: Provincie Oost-Vlaanderen, Sogent

Defendants: KG, WA

Operative part of the judgment

Article 9a 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, as amended by Directive 2014/52/EU of the European Parliament and of the Council of 16 April 2014,

must be interpreted as meaning that, where the authority competent to determine whether a project referred to in Article 4(2) of Directive 2011/92, as amended, must be made subject to an environmental impact assessment, in accordance with Articles 5 to 10 of Directive 2011/92, as amended, is also the developer of the project concerned, an appropriate separation between conflicting functions when performing that duty must at least be implemented.

(1) OJ C C/2024/5781.

ELI: http://data.europa.eu/eli/C/2025/3386/oj

ISSN 1977-091X (electronic edition)

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